Spanish Supreme Court CANCELS National Short-Term RENTAL REGISTER

The Spanish Supreme Court has ruled that the national register for short-term rental properties was introduced unlawfully and has cancelled the key parts of the system. In its judgment of 19 May 2026, the Court found that the Spanish Government exceeded its constitutional powers by creating a nationwide register that duplicated systems already managed by Spain's autonomous communities.

The decision means that responsibility for regulating short-term rentals returns to the regional governments, where it has traditionally belonged.

Why Was The National Register Introduced?

The register was created as part of Spain's implementation of EU Regulation 2024/1028, which aims to improve transparency in the short-term rental market across Europe.

The EU regulation itself does not require member states to create a single national register. Instead, it allows registration systems to operate at national, regional or local level, provided that a property is not required to be registered more than once. The main requirement is simply that there is a single digital point through which information can be exchanged between the relevant authorities.

Spain implemented the regulation through Royal Decree 1312/2024, which introduced:

• A national registration system administered through the Land Registry.

• A Digital Single Window for collecting and sharing short-term rental data.

From July 2025, owners wishing to advertise their properties on platforms such as Airbnb or Vrbo were required to obtain a national registration number.

Why Did The Supreme Court Cancel It?

The Supreme Court concluded that the Spanish Government did not have the constitutional authority to introduce a compulsory national register.

Housing and tourism are areas that fall largely within the powers of Spain's autonomous communities, many of which already had their own tourist rental registration systems in place. The Court found that the national register unnecessarily duplicated these existing regional systems and therefore exceeded the powers of the central government.

What Changes Now?

The immediate effect of the ruling is that property owners are no longer required to obtain a national registration number.

However, the judgment does not remove all of the measures introduced by the Royal Decree.

The following remain in force:

• The Digital Single Window used to exchange information between authorities.

• The requirement for online booking platforms to provide rental data.

• The sharing of statistical information with Spanish and European authorities.

In other words, although the national registration system has been struck down, the data reporting infrastructure remains in place.

What Does This Mean For Property Owners?

The ruling does not mean that short-term rentals are no longer regulated.

Property owners must still comply with the rules that apply in the autonomous community where their property is located. Depending on the region, this may include:

• Registration with the regional tourist rental register.

• Obtaining any licences or permits required by the local authorities.

• Complying with regional housing, tourism and planning legislation.

The main difference is that responsibility now sits with the regional authorities rather than a central national register.

A Note For Property Owners In Andalucía

For property owners in Andalucía, this Supreme Court ruling does not change the requirements for obtaining a Vivienda de Uso Turístico (VUT) licence.

In order to obtain a VUT licence, owners must have the express approval of their community of owners. This approval must be granted by a three-fifths (3/5) majority of the owners, representing three-fifths (3/5) of the participation quotas, at either an Annual General Meeting (AGM) or an Extraordinary General Meeting (EGM).

Although the national registration requirement has now been cancelled, owners in Andalucía must still obtain the necessary approval from their community before applying for a VUT licence, as well as complying with all other applicable regional regulations.

Why Is This Decision Significant?

The ruling reinforces a long-established legal principle in Spain: responsibility for regulating short-term rentals lies primarily with the autonomous communities rather than the central government.

It also demonstrates that, while the European Union can set common objectives for its member states, each country must implement those rules within the limits of its own constitutional framework.

Conclusion

The Supreme Court's decision represents an important change in how short-term rentals are regulated in Spain. It removes the requirement for a national registration number but does not remove the legal obligations placed on property owners.

Instead, regulation returns to the autonomous communities, each of which will continue to apply its own rules and procedures.

For owners in Andalucía, the position remains unchanged. To obtain a Vivienda de Uso Turístico (VUT) licence, express approval from the community of owners is still required, together with compliance with all other applicable regional regulations.