If you own a holiday let in Spain or are thinking of buying a property to offer it for vacation rentals, it’s important to take note of a new law. Under this legislation, all intermediary parties who facilitate the promotion of your property to prospective clients must make a declaration. In this article, we explain the definition of an intermediary and exactly what they need to do to comply with the new law.
What is the new rental declaration law?
Spain has recently passed a new law under which all intermediaries in holiday rentals must make a declaration. Since late May, they must file information about their role in the transaction as well as their fee. The declaration must also include details about the property.
What is the legal definition of an intermediary for holiday lets in Spain.
The law defines an intermediary as a person or company that facilitates the promotion of a holiday let with the aim of getting guests for the owner. An intermediary may be an individual agent, a friend of yours or a collaborative platform, e.g. HomeAway or Airbnb.
An intermediary acts as a link between you, the owner, and guests, your future clients. They do not necessarily have anything to do with the holiday let, its management or contractual conditions such as price and terms of the rental.
Even if you let your property for free, the intermediary you have used must make the declaration.
Did you know? Holiday lets in Spain now need an energy efficiency certificate – find out more.
What’s the definition of a holiday let?
Known in Spanish as an alquiler turístico, a holiday let implies the transfer of use of a property for holiday purposes. This temporary assignment may be for all or part of the furnished and equipped property.
What does the declaration include?
Under the terms of the new law, the declaration must include the following:
- Identification of the owner(s) of the property available for holiday lets. Ownership in this case includes timeshare contracts and part-time ownership or similar formulae.
- Identification of the property – this information must specify the cadastral reference number.
- Identification of the tenants.
- Information on how many days a year the property is available for holiday lets, e.g. 150 days.
- The holiday let rental charge or if appropriate and it’s free to the guests, zero fees.
Did you know? Holiday let income must be declared as part of your income tax in Spain. Find out more about resident and non-resident tax obligations in Spain.
Obligatory registration of holiday lets
Did you know that if you have a holiday let and use third-party channels to promote it, you must register your property at the Regional Tourism Department? And did you know that there are fines of up to €600,000 if you don’t?
Get in touch to find out how we can help you with registration and avoid a fine.