Overview of Royal Decree 13/12/2024 on the Single Lease Registry

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1. Introduction
The Spanish government has introduced the Royal Decree 13/12/2024 to regulate the Single Lease Registry and establish a Digital Single Lease Window. This initiative addresses housing accessibility issues caused by rising rental prices and the shift from long-term rentals to short-term accommodations. The decree aligns with previous legislative efforts, such as Law 49/1960 and Law 12/2023, to ensure compliance with Article 47 of the Spanish Constitution regarding the right to housing.

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2. Justification for the New Regulation
The regulation is necessary to comply with European Union legislation, specifically Regulation (EU) 2024/1028, which mandates data collection on short-term rentals. The European Parliament raised concerns about short-term rentals reducing housing availability and inflating prices, prompting Spain to adopt a centralized registry to enhance transparency and enforcement.

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3. Purpose and Scope
The Royal Decree establishes:

• A national system for collecting rental data.

• The Digital Single Lease Window for electronic data exchange.

• A single registration procedure for short-term rentals, applicable nationwide through the Property and Movable Property Registry.

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4. Benefits and Implementation

• Legal Security: Ensures transparency in rental agreements.

• Single Registration Number: Mandatory for listing rentals on online platforms, aiding regulatory enforcement.

• Improved Market Oversight: Facilitates inspections and the removal of irregular rental listings.

• Competence Distribution: Aligns with Spanish constitutional mandates regarding housing regulations and economic planning.

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5. Compliance with Regulatory Principles
The decree adheres to key principles:

• Necessity & Effectiveness: Addresses market gaps and integrates EU regulations.

• Proportionality: Minimizes administrative burdens.

• Legal Certainty: Consistent with national and EU laws.

• Transparency: Ensures public awareness and accessibility.

• Efficiency: Avoids redundant processes.

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6. Key Articles of the Royal Decree

• Article 1: Establishes the Digital Single Lease Window and the registration process.

• Article 2: Defines short-term rentals, hosts, tenants, and online rental platforms.

• Article 3: Specifies application scope, covering rentals in Spain via online platforms.

• Article 5: Requires lessors to obtain a registration number before listing properties.

• Article 6: Obligates online platforms to verify listings and share rental data.

• Article 7: Details the functions of the Digital Single Lease Window, including data transmission and inspections.

• Article 9: Outlines registration procedures and required documentation.

• Article 10: Describes the process for verifying and maintaining registration numbers.

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7. Additional and Final Provisions

• Provisions for data communication, inter-governmental collaboration, and voluntary registration options.

• The decree will enter into force upon official publication, ensuring alignment with EU regulations.

This decree aims to provide a more structured and transparent approach to short-term rental regulation, enhancing housing availability and compliance with European legal frameworks.

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Q&A Section

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Q1: What is the purpose of the Royal Decree 13/12/2024?
A1: The decree regulates the Single Lease Registry and establishes the Digital Single Lease Window to enhance transparency in short-term rental agreements and ensure compliance with EU regulations.

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Q2: Why was this regulation introduced?
A2: It was introduced to address housing affordability concerns, align with European legislation (Regulation (EU) 2024/1028), and provide a structured registry for rental market oversight.

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Q3: Who does this regulation apply to?
A3: It applies to lessors offering short-term rentals in Spain and online rental platforms facilitating these services.

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Q4: What is the Single Registration Number?
A4: It is a mandatory unique identifier for short-term rental listings, ensuring compliance and allowing regulatory oversight.

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Q5: How does the Digital Single Lease Window work?
A5: It acts as a national digital gateway for the exchange of rental data, allowing platforms and authorities to track and regulate short-term rental activities.

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Q6: What are the key obligations for lessors?
A6: Lessors must register their rentals, obtain a registration number, provide required data, and comply with information requests from authorities.

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Q7: How does this regulation impact online rental platforms?
A7: Platforms must verify rental registrations, conduct random checks, share rental data with authorities, and remove non-compliant listings when notified.

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Q8: What are the penalties for non-compliance?
A8: Non-compliance may result in rental listings being removed, fines, and the withdrawal of registration numbers.

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Q9: When does this regulation take effect?
A9: The regulation will enter into force upon its official publication, ensuring alignment with EU standards. Currently, the date for completion is July 1st 2025 but this, in our opinion, it likely to be pushed back. 

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Q10: How does this decree benefit tenants?
A10: It increases transparency, ensures fair rental practices, and helps prevent fraudulent or irregular rental arrangements.

 

THERE IS CURRENTLY LITTLE INFORMATION ON HOW OWNERS WILL REGISTER THEIR PROPERTIES OR WHAT INFORMATION IS REQUIRED. I WILL UPDATE THIS PAGE AS AND WHEN MORE INFORMATION BECOMES AVAILABLE