A tourist apartment is a dwelling that is rented on a temporary basis to visitors and meets specific legal requirements. In Barcelona, its use is subject to very strict regulations to ensure a balance between tourism supply and the well-being of residents.
Vacation rentals have gained popularity in recent years, becoming an important source of income for many owners. Operating without a license can lead to severe penalties. Therefore, it is essential to know the legalization process and follow each step correctly.
New digital one-stop shop law for tourist and seasonal rentals
On December 24, 2024, Spain's Official State Gazette published in the Official Gazette of Spain the Royal Decree 1312/2024, which establishes the One-Stop Digital Leasing Window.. This regulation has a direct impact on all individuals or legal entities that advertise tourist or seasonal rentals through online platforms such as Airbnb or Booking.
Who is affected by this law?
The new law applies to:
- Tourist rentals (HUT, up to 31 days): only owners with a valid tourist license may apply for the new registration number.
- Seasonal rentals (1 month or more): These homes must also be officially registered in order to continue operating legally.
All properties under any of these modalities must register in order to continue advertising on online platforms.
What obligations does this law impose?
- As of July 1, 2025, it will be mandatory to have a registration number for both tourist and seasonal rentals.
- If the same dwelling is used for both purposes, the following will be needed two different registration numbers.
- Platforms must verify the registration number before publishing any advertisement and are obliged to remove, within a maximum of 48 hours, the advertisements associated with a revoked number.
- The service provider (natural person or company) must present a annual declaration of activity.
Who should apply for the registration number?
Although the Royal Decree establishes that the service provider must apply for it, initial interactions with the property registrars suggest that the registrant must sign the application. However, a third party may file it on his behalf, provided that he has a power of attorney.
If you are the owner and you directly manage the rental, you can apply for it in your name without any problem. Sublessors and managers can also do so if they have the corresponding authorization.
Where is it processed?
- Online: through the official portal of the Ministry of Housing and Urban Agenda.
- In person: in the Land Registry where the property is registered.
At BCN Flat Management we are closely following the developments of this regulation. We strongly recommend owners and managers that start the process as soon as possible to avoid interruptions or penalties.
Legal requirements to operate a tourist apartment
Before renting a property as a tourist apartment in Barcelona, it is essential to meet several requirements:
- Tourist license (HUT): the first step is to obtain the Habitatge d'Ús Turístic (HUT) license number, issued by the Barcelona City Council. Without this permit, vacation rentals are illegal.
- Compliance with urban planning regulations: current regulations limit the granting of new licenses in certain areas of the city, paying special attention to the protection of areas with high residential density.
- Registration in the Tourism Registry of Catalonia (RTC): all tourist apartments must register with this body to ensure the control and regulation of their activity.
- Habitability and safety conditions: the dwelling must meet the required standards of safety, accessibility and comfort, including the installation of smoke detectors, fire extinguishers and emergency signage.
- Tax obligations: it is mandatory to declare the income generated by the tourist rental and to comply with the corresponding taxes, such as VAT and Income Tax (IRPF), as applicable.
Steps to legalize a tourist apartment
To ensure that your home complies with current legislation, follow these steps:
- Consult the current regulations: Before starting the process, check if the location of your apartment allows tourist use. Some areas are restricted and do not grant new licenses.
- Obtain the unique registration number: if your tourist apartment was licensed before 2014, you must apply for a unique registration number. No new tourist licenses have been issued since 2014, but dwellings that were licensed prior to 2014 are required to obtain such a number.
- Ensure compliance with the Tourism Registry of Catalonia: if your property is already licensed as a tourist apartment, verify that it is correctly registered in the Tourism Registry of Catalonia.
- Comply with tax obligations: declare the income obtained and pay the corresponding taxes, avoiding legal problems and possible penalties.
The process to regularize the situation may take several months, so it is advisable to start it in advance and to have specialized advice.
Consequences of not legalizing your tourist apartment
Operating a tourist apartment without a license in Barcelona can result in significant financial penalties, closure of the activity and even legal action. The Barcelona City Council has intensified inspections to detect illegal accommodations and ensure that all rentals comply with the regulations.
Some of the possible sanctions are:
- Financial penalties: penalties can range from €6,000 to €60,000, depending on the seriousness of the violation.
- Cessation of activity: if the apartment is operating without a license, the City Council may order the immediate closure of the tourist rental.
- Fiscal problems: failure to declare income from tourist rentals may result in penalties and surcharges by the Tax Agency.
Advantages of professional management of tourist apartments
Legalizing your tourist apartment avoids legal problems and improves the profitability of your investment. Professional management ensures optimal occupancy, maximizes revenue and enhances the guest experience.
Some of the advantages of having a specialized company are:
- Price optimization: dynamic tariff management based on demand.
- Guest service: check-in, cleaning and maintenance services.
- Marketing strategies: advertising on platforms such as Airbnb and Booking to increase the visibility of the apartment.
Do you need help with the management of your tourist apartment?
At our tourist apartment management company, BCN Flat Management, we offer a comprehensive service so that your property complies with the regulations without complications. From obtaining licenses to the administration of reservations, we take care of everything.