In case you decided to rent the property as per “seasonal rent” (to rent to tourist in medium term basis, or to students, workers, etc), please, note the following steps to follow:
STEP 1. – Study and verification
This phase goes through the study and verification of the conditions and the possibilities to obtain the tourist license in the property as it follows:
- Property Documents: Checking the documents of the property as:
- How is the property registered in the notarial deeds, cadastre and land registry
- Certificate of habitation or Occupation license
- Energy Performance Certificate
- Water and electric connections
- Certificates from the Town Hall: As difference with the Tourist Rent, it is not necessary to obtain any special certificate from the Town Hall to develop the seasonal rent activity other than the Certificate of Habitation or similar.
- Community of owners: As different from the Tourist Rent, it is not necessary to obtain any special authorization from the Community of Owners in order to develop the seasonal rent activity.
- Confirmation via technical inspection (architects or technicians) to confirm the property fulfills local construction normative, and rental law.
- Emergency and evacuation plan (not obligatory, but recommended).
STEP 2.- Registration process
In case the result of the above searches concludes that the property has the appropriate legal conditions for the development of seasonal rent, then there are the following steps to follow:
1.- Registration at the Regional Registry
As different from the Tourist Rent, it is not necessary to obtain any special registration from the Regional Registry in order to develop the seasonal rent activity.
2.- Registration at the Central Registry (“Registro Único de Alquileres”)
This registration is only needed if you decided to use any of the digital platforms as AirBNB, Homeaway, etc.
This process is more or less rapid.
3.- Notification telephone in Spain
In order to complete both registrations, the Spanish administration will request from you additional notification address, and even a Spanish telephone number for contact.
Other contracts and obligations
If you wished to rent your property on Airbnb, you need to prepare certain documents and contracts to comply with legal requirements and protect your rights as a host. Below are the key contracts and documents you should have ready:
Short-Term Rental Contract Necessary
Despite of the property being published on platforms like Airbnb, these companies only complete “Reservation forms” for rentals. So, in the seasonal rent activity it will be requested to prepare and complete with the tenants/guests a SEASONAL RENT CONTRACT.
But, in case you are developing your rent activity out of these platforms, having a short-term rental agreement must formalize the terms between you (the host) and the guest. This agreement should include:
- Identification of the host and guest.
- Address and description of the property.
- Check-in and check-out dates.
- Rental price and payment terms.
- Deposit or security fee (usually, two monthly payments)
- House rules (e.g., no smoking, no pets).
- Responsibilities of both parties (e.g., for damages, cleaning).
Important note: Obtain a contract with proper clauses to avoid convert seasonal rent into “Permanent Rent”: In order to avoid confusion between this contract and a “permanent rent contract “ (which gives a higher protection to tenants, even converting the contract in a permanent one), we recommend to get a “Standard Cotract” prepared and adapted to your needs by an expert lawyer, including the necessary clauses and contents to create a solid contract.
Liability Insurance
It’s essential to have liability insurance specifically for short-term rentals. This insurance will cover potential damages caused by guests to third parties or the property itself. While platforms like Airbnb offer basic coverage, it’s often insufficient for comprehensive protection.
Emergency Evacuation Plan
As result of the architect’s visit, you must be provided with an Emergency Evacuation Plan in order to print it and install it in any of the units rented.
Guest Registration Form
It is not necessary to complete a Guest Registration Form for seasonal rent.
Privacy Policy
If you manage guest personal data (e.g., names, IDs, contact details), you must comply with the General Data Protection Regulation (GDPR). Including a privacy policy in your communications or agreements can help ensure compliance.
Additional Optional Contracts
- Contract with management companies: If you hire a company to manage your property (e.g., cleaning, check-ins), sign an agreement detailing their responsibilities.
- Maintenance or cleaning contract: If you work with external service providers, formalize the arrangement with a clear contract specifying the service scope and frequency.
- Manual and instruction plans of whitegoods, aircon, and other elements
Tax implications related to the rental activity
Every quarter/year, it will be necessary to declare and to present quarterly/yearly tax declarations, so, we will help you also with this depending on your personal case.