Renting out your property in Spain

When having a 2nd home in Spain and we use it maybe a couple of months per year, we will be tempted to rent it for the rest of the year, either for the money, either for the fear of an “okupa”…. if so, maybe you want to read the following rows.

Short-term lets

If you want to let your property to tourists on a short-term basis, you must ensure that you are doing so in accordance with Spanish law. The regulations on letting tourist apartments (apartamentos turisticos) and holiday homes (viviendas vacacionales) to tourists will vary depending on the region where the property is located.

If you are planning on making a return by renting out your property on a short-term basis, it is best to seek independent legal advice and check what the rules are at the local town hall or the tourist department of the regional government before you buy. Be aware that the marketing of private residential property to tourists is strictly regulated in many regions of Spain.

Owners who are caught illegally advertising or letting out their properties without complying with local legislation can be liable for significant fines, in some cases reaching as much as €30,000. If you are planning to buy an apartment which is part of a residential block, you should also check whether there are any rules set by the committee of owners that prohibit or restrict short-term letting. You may want to consider hiring a Spanish letting agent to assist with finding tenants and managing the property on your behalf, and a Spanish lawyer drawing up rental contracts. In some regions, such as Murcia, it is compulsory to use a specialist tourist apartment management company for short-term rentals to tourists.

Long-term lets

Owners who let their properties on a long-term basis are free to do so within the terms set out by the national rental law. However, it is worth seeking professional advice to make sure that you are complying with Spanish legislation and that you are using the correct rental contract.

In Spain, there are different types of contracts depending on how long the property is due to be let. Be sure to have your lawyer prepare your contract, this way you avoid the majority of the problems related to property letting.

Letting taxes

You must ensure that you declare your rental income to the Spanish tax authorities (Agencia Tributaria) whether you are a resident* in Spain or not. Taxation is a complex issue, and it is advisable to seek the advice of an accountant or professional tax adviser with comprehensive and up to date knowledge of the Spanish tax regulations.

Either you decide to Contact us, or search for a Lawyer outside our Network, please do ensure you use a truly independent lawyer to handle any transaction you make.

*You are a “resident” in Spain if you spend more tan 183 days per year in Spanish territory. If so, you must not only declare your local income but your Global income too. Be sure to seek the advice of a professional tax adviser specialised in international taxation.

Thank you.

Related: Buy a property in Spain, Commercial and Residential Lettings in Spain. Conveyancing in Spain, Debt Collection and Recovery, Estate administration. Eviction Proceedings, Golden visa program, Inheritance and Wills in Spain, Landlord and Rental Agreements, Mortgages and re-mortgaging in Spain, Obtaining a NIE, Obtain a Power of Attorney, Property litigation in Spain, Property ownership options, Real estate investment, Property Purchase in Spain, Residential development, Segregations, Sell Spanish Property, Unregistered land /property, Updating property Deeds, Other Legal Services in Spain…

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