How to legalize a tourist apartment?

A tourist apartment is a dwelling that is rented on a temporary basis to visitors, complying with specific legal requirements. In Barcelona, its regulation is subject to strict regulations to ensure a balance between the tourist offer and the well-being of the residents.

Vacation rentals have gained popularity in recent years, becoming an important source of income for owners. Operating without a license can result in severe penalties. Therefore, it is crucial to know the legalization process and follow each step properly.

New one-stop digital window law for tourist and seasonal rentals

On December 24, 2024, Royal Decree 1312/2024 was published in Spain’s Official State Gazette, establishing the One-Stop Digital Window for Leases. This regulation directly impacts all individuals or companies advertising 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 (HUTs, up to 31 days): Only property owners with a valid tourist license will be eligible to apply for the new registration number.
• Seasonal rentals (32 days or more): These properties must also be officially registered in order to continue operating legally.

All properties under either modality will need to be registered to remain listed on online platforms.

What obligations does this law impose?

• Starting July 1, 2025, having a registration number will be mandatory for both tourist and seasonal rentals.
• If the same property is used for both purposes, two separate registration numbers will be required.
• Platforms must verify the registration number before publishing any listing and will be obligated to remove any listing associated with a revoked number within 48 hours.
• The service provider (individual or company) must submit an annual activity declaration.

Who should apply for the registration number?

Although the Royal Decree states the service provider must request it, initial interactions with property registrars suggest that the registered owner must sign the request. However, a third party may submit the application on their behalf, provided they have a notarized power of attorney.

If you are the property owner and manage the rental yourself, you can apply in your own name without any issues. Sub-lessors and managers may also apply if authorized properly.

Where is it processed?

• Online: via the official portal of the Ministry of Housing and Urban Agenda.
• In person: at the Property Registry where the apartment is registered.

At BCN Flat Management, we are closely monitoring updates to this regulation. We strongly recommend that owners and managers begin the process as soon as possible to avoid disruptions or penalties.

Legal requirements to operate a tourist apartment

Before renting a property as a tourist apartment in Barcelona, it is essential to comply with several requirements:

• Tourist license (HUT): the first step is to obtain the Habitatge d’Ús Turístic (HUT) license number, granted 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, with special attention to the protection of areas with high residential density.
• Registration in the Tourism Registry of Catalonia (RTC): all tourist apartments must be registered with this body to ensure the control and regulation of their activity.
• Habitability and safety conditions: the dwelling must comply with the required safety, accessibility and comfort standards, 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 applicable taxes, such as VAT and Income Tax.

Steps to legalize a tourist apartment

To ensure that your property complies with the current legislation, follow these steps:

1. Consult the current regulations: before starting the process, check if the location of your apartment allows tourist rentals. Some areas are restricted and do not grant new licenses.
2. Obtain the unique registration number: if your tourist apartment was licensed before 2014, you must apply for a unique registration number. New tourist licenses have not been issued since 2014, but properties that were already licensed before that year are required to obtain the registration number.
3. Ensure compliance with the Tourism Registry of Catalonia: if your property is already licensed as a tourist apartment, ensure that it is properly registered in the Tourism Registry of Catalonia.
4. Comply with tax obligations: register the income obtained and pay the corresponding taxes, avoiding legal problems and possible penalties.

The process of obtaining the license can take several months, so it is advisable to start the process 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 high financial penalties, the 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 sanctions include:

• Financial fines: fines can range from €6,000 to €60,000, depending on the seriousness of the infraction.
• Cessation of activity: if the apartment is operating without a license, the City Council may order the immediate cessation of the rental.
• Tax problems: failure to declare income from tourist rentals may result in tax penalties and surcharges by the Tax Authorities.

Benefits 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 improves the guest experience.

Some of the benefits of having a specialized company include:

• Price optimization: dynamic rate 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 management service so that your property complies with the regulations without complications. From obtaining licenses to the administration of reservations, we take care of everything.