The Spanish Supreme Court has partially annulled Royal Decree 1312/2024, which had established a nationwide registry for short-term rental properties. The ruling of 19 May 2026 confirms that the State exceeded its constitutional powers by introducing a centralised system that duplicated existing regional registries.
The decision effectively dismantles the core of the national registration model and returns regulatory authority over short-term rentals to Spain’s autonomous communities.
Background: EU framework and Spanish implementation
The case originates from the implementation of Regulation (EU) 2024/1028, which seeks to improve transparency in the short-term rental market through harmonised data collection across the EU.
Importantly, the EU regulation does not require a single national registry. Instead, it allows multiple registration systems—regional, local, or national—as long as a property is not subject to more than one registration requirement. What it does require is a single digital point for data transmission between authorities.
Spain transposed this framework through Royal Decree 1312/2024, which introduced a centralised system consisting of:
- A national registration procedure managed via the Land Registry
- A Digital Single Window for short-term rental data reporting
From July 2025, all short-term rental properties were required to obtain a national registration number in order to be advertised on platforms such as Airbnb or Vrbo.
Key legal conflict: competence and duplication
The Supreme Court found that the State lacked constitutional competence to impose a unified national registry in this area.
According to the Court, the system overlapped with existing regional tourism and housing registries, which fall under the legislative competence of the autonomous communities.
The judgment therefore confirms that the centralised model went beyond what is permitted under the Spanish constitutional division of powers, particularly in matters related to housing and tourism regulation.
What the ruling annuls and what remains in force
The Court annuls the core provisions of the decree related to the national registry, including the articles establishing the registration system and its operational framework.
However, several elements remain in place, including:
- The Digital Single Window for data reporting
- Obligations for platforms to transmit rental data
- Statistical data-sharing with national and EU institutions
As a result, while the central registration requirement has been struck down, the data reporting infrastructure remains partially intact.
Practical impact for property owners and platforms
The most immediate consequence of the ruling is that the obligation to obtain a national registration number is no longer enforceable.
However, this does not mean deregulation of the sector. Instead, regulation shifts back to the regional level.
Property owners must still comply with:
- Regional tourism rental registries
- Local licensing requirements
- Urban planning and housing regulations in each autonomous community
Platforms and operators will therefore continue to face regulatory obligations, but these will be governed at regional rather than national level.
Wider implications
The judgment reinforces a recurring legal principle in Spanish administrative law: short-term rental regulation is primarily a matter for regional authorities, not the central government.
It also highlights the tension between EU-driven harmonisation goals and national constitutional structures, particularly in sectors such as tourism and housing, where regional competence is strongly protected.
Conclusion
The Supreme Court ruling marks a significant turning point in the regulation of short-term rentals in Spain. While the attempt to centralise registration has been struck down, regulatory oversight remains in place at regional level.
In practice, the decision does not remove compliance obligations, but redistributes them—away from a national registry system and back to Spain’s autonomous communities.
Source
- Garrigues – The Supreme Court annuls the Single Registry for Vacation Rentals and returns control of short-term rentals to the regional authorities (Blog Turismo, 2026)
