Hi EyeonSpain members,

I’ve been part of this community since 2006, and I know that many of us own homes in Spain that we occasionally rent out — especially during the summer. That’s why I wanted to share a quick heads-up about something that’s causing a lot of confusion: the new National Registry for Short-Term Rentals (NIU), introduced by Royal Decree 1312/2024.

Starting July 1, 2025, any property in Spain used as a tourist rental (i.e. stays of less than 30 days promoted on platforms like Airbnb or Booking.com) must be registered in this new national database.

But here’s the part many owners aren’t being told — and it’s leading to incorrect rejections and unnecessary worry.

1. The new law is not retroactive.

If you were already renting your property with a valid regional tourist licence before July 1, 2025, you do not need fresh approval from your community of owners in order to register.
Some local authorities have wrongly rejected NIU applications for this reason — but these decisions can (and should) be appealed.

2. Seasonal rentals are not tourist rentals.

This is a big one. There’s a crucial legal distinction between tourist rentals and seasonal rentals (arrendamientos de temporada) — and not everyone (including some administrators) is getting it right.

• Tourist rentals = short stays, advertised to the public, with services like cleaning or reception. These must be registered in the NIU.

• Seasonal rentals = fixed-term private contracts for holidays, studies, or temporary work. These fall under Spain’s Urban Lease Law (LAU) and do not require NIU registration.

You can rent your home legally under a seasonal contract without falling under tourism law — and many of us have done so for years with no issue.

3. What your community of owners can’t do

A community of owners (comunidad de propietarios) can vote to restrict tourist rentals, but they cannot prohibit seasonal rentals signed under the LAU. These contracts are protected by national housing law, even if they are short-term.

The bottom line? These new rules are real, but so are the limits on what they can enforce. If you’ve been renting legally so far, chances are you don’t need to change anything — but if you’re being told otherwise, it’s worth getting a second opinion.

Feel free to share any questions or thoughts below — always happy to help.

Warm regards,
María ;)

Purchasing an Off-Plan Property: Key Protections for Buyers

Acquiring a new home off-plan is a significant investment and long-term commitment. To safeguard buyers, consumer protection bodies and public authorities recommend using a model purchase contract that prioritizes transparency, legal clarity, and security.

What is the model contract?
It is a legally binding agreement tailored for the purchase of properties under construction. It sets out clear terms that protect both parties, in accordance with the General Law for the Protection of Consumers and Users.

Main Highlights:

• Parties Involved: Developer or seller and the buyer.

• Purpose: Acquisition of the future property and its annexes (garage, storage unit, etc.).

• Price and Payment Structure: Includes the full purchase price (VAT included), initial deposit, staged payments during construction, and final balance on delivery.

• Financial Guarantees: Mandatory bank guarantee or insurance policy to secure all advance payments.

• Delivery Deadlines: Maximum date for completion and delivery, with provisions for penalties or contract cancellation in case of delays.

• Required Documentation: Includes floor plans, building permits, quality specifications, insurance policies, and homeowners' association rules.

• Mortgage Subrogation: Option for the buyer to assume the developer’s mortgage loan or opt for alternative financing.

• Rights and Obligations: Covers potential modifications, payment defaults, allocation of costs, and community regulations.

• Protected Housing: If applicable, outlines specific rules for subsidized or protected housing, including use and resale restrictions.

• Legal Jurisdiction: Disputes are handled by the courts in the area where the property is located.

This recommended contract model is designed to eliminate unfair terms and provide legal certainty throughout the buying process.

Request a PDF copy of the complete model contract in English.

Buying off-plan in 2025 can be an exciting way to secure your dream home at launch prices—but the contracts we’ve reviewed from our clients often hide clauses that expose you to unnecessary risk. Here are the most common red flags we’re spotting right now:

• Power of Representation: Contracts sometimes grant the promoter excessively broad powers of attorney. It’s crucial to verify that the person signing the contract actually has the authority to do so. Insist that any power of representation be strictly limited to specific, narrow circumstances.

• Work Without Permit: Never agree to pay installments before the building permit is obtained. Until that permit is in hand, your payments aren’t legally protected.

• Exact Measurements: Ensure the contract specifies the exact usable and built square meters you’re buying—no rounding, no “approximately.”

• VAT Rate Verification: Off-plan residential properties should carry a 10 % VAT rate. Verify this in writing and prevent any higher or alternative tax from being imposed.

• Deposit Guarantee: Any sum paid in advance must be secured by a bank guarantee or insurance policy (“aval bancario” or “seguro de caución”), and should only be backed by the constructing company—since these firms are often set up ad hoc for that sole purpose—not held at your sole risk.

• Mortgage Denial Protection:

  “The effectiveness of this contract is subject to the Buyer obtaining the requested mortgage. If the lending institution denies financing or subrogation through no fault of the Buyer, the contract shall be automatically terminated and the Developer shall refund all amounts paid within 5 business days, without interest.”

  This clause must be expressly negotiated, as case law only recognizes this suspensive effect of financing failure when it is contractually stipulated.

• Fixed Delivery Date: Tie the hand-over date explicitly to the issuance of the first-occupancy license (or the start of occupancy) so you know exactly when you’ll get the keys or can enforce your guarantee.

• Costs According to Law: All expenses—notary, registry, taxes, initial community fees—must be allocated and capped in accordance with the Civil Code, not at the promoter’s whim.

• Symmetrical Penalties: If the promoter fails to deliver on time, their penalty should match the one you face—ideally set at the legal interest rate on money.

🔍 Free Initial Contract Review
As part of our educational mission, we offer a complimentary first review of our clients’  off-plan purchase contracts. Let us uncover hidden risks before you sign—contact us today!

Renting a home: principal residence, is one of the most important decisions we make, and signing a contract is a crucial step. But did you know that not all the clauses proposed to you are legal? In Spain, the Urban Leases Act (LAU) and the Civil Code protect tenants from certain abusive conditions.

It's essential that, before signing, you examine every point closely. An abusive clause can lead to unexpected problems and expenses in the future. Here are some of the most common ones to watch out for:

Clauses often considered abusive:

• Waiver of the mandatory contract extension: The LAU establishes a minimum duration for rental contracts (currently 5 years for individuals and 7 for legal entities, if the contract was signed from March 2019 onwards, with annual extensions until these terms are met). Any clause that forces you to waive this right is null and void.

• Obligation to pay for unagreed improvement works: As a tenant, you're responsible for ordinary maintenance and minor repairs. However, improvement works that haven't been expressly agreed upon or that serve to improve the habitability of the home are, generally, the landlord's responsibility.

• Demand for a security deposit higher than legally allowed: The law states that the legal security deposit is one month's rent. Although additional guarantees (such as bank guarantees or deposits) can be requested, these have limits and cannot replace the legal security deposit.

• Imposition of disproportionate penalties for early termination: If you decide to leave the property early, the LAU allows the landlord to receive compensation, but this is usually limited to one month's rent for each year remaining on the contract, prorated for shorter periods. Excessive penalties can be abusive.

• Prohibition from registering at the property (empadronamiento): It's a fundamental right of the tenant to be able to register at the property they inhabit. Any clause preventing this is null and void.

• Obligation to pay expenses that belong to the landlord: The law establishes which expenses correspond to each party (for example, IBI or community fees are usually the landlord's responsibility, unless expressly and clearly agreed otherwise). A clause that makes you pay expenses that are not legally yours can be abusive.

• Waiver of the return of the security deposit for non-payment of rent or utilities: The security deposit is intended to cover damages or losses the tenant may cause to the property, as well as unpaid rent or utilities. You cannot waive its return in advance.

What to do if you find an abusive clause?

1. Don't sign the contract as is: Negotiate with the landlord or agency to remove or modify the clause.

2. Get informed and seek advice: If you have doubts, consult with a lawyer specializing in real estate law or with a consumer association. They can tell you if the clause is truly abusive and what steps to follow.

3. If you've already signed: Not all is lost. Abusive clauses are null and void by law, meaning they are considered as if they were never written, even if they appear in the contract. You could challenge them legally.

Your peace of mind and legal security come first. Don't rush into anything, and defend your rights as a tenant!

As part of our educational outreach, our law firm will identify any abusive clauses in your contract and explain them to you free of charge. Contact us, and we’ll locate those clauses and propose amendments within 24 hours.

Have you had any experience with abusive clauses in rental contracts? Tell us your case in the comments! 👇

Hey there, everyone! If you're thinking about retiring to Spain, you're not alone—more and more people are choosing our beautiful country as their retirement destination. But before you pack your bags and start dreaming about sunny days on the beach, it’s important to understand how taxes and healthcare work here. So let’s go over the essentials!

Taxes for Retirees in Spain
Tax Residency:
You’ll be considered a tax resident in Spain if you spend more than 183 days per year here. This means you’ll pay taxes on your worldwide income, including pensions. However, Spain has double taxation agreements with many countries, which often prevents you from being taxed twice on the same income.

Pension Income Tax:
Pensions are generally taxable in Spain for tax residents, but it depends on the type:

• Private pensions (from employment or savings): taxed in Spain as earned income.
• Government pensions (e.g., from public service, military, or civil service): usually taxable only in the country of origin if a bilateral treaty so provides.

Spain also offers some tax deductions for pension income, and you may benefit from other treaty protections depending on your home country.

Non-Resident Taxation:
If you don’t spend 183 days or more in Spain and don’t become a tax resident, you generally won’t pay Spanish tax on pensions from abroad. The non-resident income tax of 24% (or 19% for EU/EEA residents) only applies to Spanish-source income, not foreign pensions.

Healthcare Access in Spain
EU/EEA Retirees:
You’re not covered for a full year just with the EHIC (European Health Insurance Card)—that’s only for short-term stays. If you're a pensioner from an EU/EEA country and receive a state pension, you can request the S1 form from your home country's health authority. Registering this in Spain gives you full access to public healthcare, free of charge.

Non-EU Retirees:
You can access public healthcare in Spain by registering and paying into the system through the Convenio Especial (Special Agreement). This allows you to pay a monthly fee (around €60–€157/month depending on age) to get full access to Spain’s high-quality public healthcare.

Bilateral Agreements:
If your home country has a social security agreement with Spain (e.g., Canada, the U.S., Australia), you may be entitled to public healthcare without additional payments, depending on your contribution record and agreement terms.

A Little Personal Note
We totally get it—moving to a new country is a big deal, and figuring out the tax and healthcare systems can feel overwhelming. But don’t worry, you’re not alone! We’ve helped many retirees make the move to Spain and understand all these details. We’re here to guide you every step of the way.

Conclusion
Taxes and healthcare in Spain are different from what you might be used to, but once you understand the basics, it's manageable. Just make sure to check whether your country has a double taxation or social security agreement with Spain to avoid surprises, and don’t forget to get properly registered for healthcare once you settle in.

Retirees are some of our favorite clients—you bring experience, wisdom, and wonderful stories. If you have any questions or need help planning your move, don’t hesitate to reach out. We’d love to help make your retirement in Spain smooth and enjoyable.

Looking forward to hearing from you soon!

Since the Brexit transition ended in December 2020, we've met many British citizens who’ve continued living in Spain without a formal residency status. Some missed the deadline to apply under the Withdrawal Agreement. Others didn’t realise they needed to. It’s more common than people think. If that’s your case, you’re not alone.

The good news is that on 20 May 2025, new immigration rules came into force in Spain that open up more realistic and accessible ways to regularise your status. We’ve gone through the details and broken them down below, focusing on what might actually work for people who’ve made their lives here.

Social Arraigo – Two Years of Residence

If you’ve lived in Spain for at least two years, are registered on the padrón, and have a job offer—or strong community ties—you could apply for a one-year residence permit (renewable for four years). This is the route we most often see used by people who’ve quietly settled into Spanish life but never formalised their situation.

Labour Arraigo – Residence Through Employment

Have a valid job contract and been here two years? You might be eligible for labour arraigo. This option recognises your contribution to the local economy and provides a legal path forward if you’re already working.

Family Arraigo – Ties to Spanish or EU Nationals

If you have a child who is a Spanish or EU citizen, or a partner who is Spanish, there may be a direct way to get a five-year residence permit. We've come across many people who didn’t realise their family situation could give them access to legal residency.

Other Legal Routes

• Arraigo for Training – If you’re enrolling in a recognised course.

• Second-Chance Arraigo – If you once had legal residency but let it lapse.

• Extraordinary Regularisation (Proposed) – There’s a proposal that could allow people who were living in Spain before 31 December 2024 to regularise their situation. We’re keeping an eye on it.

Alternative Visas

If you’re still in the UK or thinking of restarting from scratch:

• Digital Nomad Visa – For those working remotely for companies abroad.

• Non-Lucrative Visa – For those with passive income or savings who aren’t planning to work in Spain.

Final Thoughts

Choosing the right route depends on your personal circumstances. We’ve put together this summary to help people understand what’s available now—without the legal jargon. These paths aren’t theoretical. We see people using them. Some involve more paperwork than others, but if you’ve made your life here, there’s likely a way forward.

If you think one of these applies to you, take some time to look into it. And if you’re not sure, it’s worth asking. Even a short conversation can help clarify what’s realistic in your case.

www.costaluzlawyers.com

New Mandatory Rental Registration Starts July 2025

If you rent out property in Spain for holiday use, there’s breaking news you shouldn’t ignore.

Spain’s General Directorate for Consumer Affairs has issued a major enforcement order that resulted in Airbnb being forced to remove over 65,000 listings from its platform. The move was supported by the High Court of Justice of Madrid and affects thousands of properties across regions such as Andalusia, Catalonia, Madrid, Valencia, the Balearic Islands, and the Basque Country.

This comes just ahead of a major legal change: from July 2025, all short-term rental properties in Spain will be required to register under a new national platform, the Ventanilla Única (One-Stop-Shop), as part of a push for nationwide standardisation and stricter control.

Why Were So Many Airbnb Listings Removed?

The order against Airbnb came after repeated non-compliance with legal obligations for short-term rentals. Key violations included:

• Listings without valid tourist registration numbers

• Hosts not stating whether they were private individuals or professionals

• Incomplete or missing legal documentation

Though Airbnb was the focus of this action, the ruling applies broadly: all rental platforms, including Booking.com and Vrbo, must ensure hosts meet legal requirements — or face removals.

What’s Coming in July 2025?

Spain’s upcoming national registration system aims to unify and reinforce property rental oversight. The Ventanilla Única will introduce:

• Mandatory registration for all short-term rentals, regardless of location

• A centralised database covering all autonomous regions

• Fines and deactivation of listings that are not properly registered

• Stricter inspections and coordinated enforcement efforts across regions

This marks the first time that a single, national standard will apply across Spain, complementing — not replacing — existing regional rules.

Regional Rules Still Apply

Most autonomous communities in Spain already have their own registration systems in place. The new platform will integrate with these, not eliminate them. Here’s a snapshot of the current situation:

What This Means for Property Owners

The crackdown on Airbnb is a clear signal: Spanish authorities are increasing scrutiny on short-term rentals. With a national registration system on the way and active enforcement already happening, property owners need to stay ahead.

If you already rent out a property — or plan to — now is the time to review both regional and national obligations. Ensuring your listing is compliant will help avoid penalties or removal, especially as platforms tighten their own controls in response to government pressure.

Have your say:
Have you faced any issues registering your property or keeping your listing online? Share your experience and advice with other owners in the comments.

Mandatory Registration for Short-Term Rentals in Spain

Starting July 1, 2025, it will be a legal requirement to register properties used for short-term rentals, such as those listed on platforms like Airbnb, Booking, or Vrbo. The registration process must be completed through the Digital Single Window for Rentals, which is managed by the College of Registrars.

 Why is Registration Necessary?

1. Legal Compliance: The new law ensures that all properties being rented for short-term stays comply with local and national regulations. This includes meeting safety, hygiene, and zoning requirements.

2. Transparency and Control: Registering your property allows authorities to keep track of the growing short-term rental market and ensures that landlords adhere to the established rules. This helps in reducing illegal or unregulated rental activities.

3. Fair Competition: The registration process helps to level the playing field for all property owners, ensuring that legal rentals are distinguishable from those that may be operating outside the law.

4. Trust and Credibility: For renters and guests, having a registered property can increase confidence. It shows that the property owner is following the regulations and providing a safe, legal space for visitors.

How to Register Your Property

1. Access the College of Registrars’ Online Platform: Visit the official website of the College of Registrars at https://sede.registradores.org to begin the registration process.

2. Identify Yourself: You’ll need a digital certificate or electronic ID to verify your identity. This ensures that the registration is properly linked to you as the property owner.

3. Complete the Registration Form: The form will require basic details about your property, including its address, type of rental (whether you're renting the entire property or individual rooms), and the maximum number of guests allowed.

4. Attach the Required Documents:

   • Property title deed.

   • Energy efficiency certificate.

   • If applicable, a tourist license.

   • Any other local permits or authorizations that may be required by your municipality.

5. Receive Your Registration Number: Once your property is successfully registered, you’ll receive a unique registration number. This number must be included in all online listings for your property, such as those on Airbnb or Booking.

What Happens If You Don’t Register?

Failure to comply with the registration requirement can result in penalties, including fines. In addition, rental platforms like Airbnb and Booking may remove your listings if your property isn’t registered in the official system. This could severely impact your ability to rent out the property legally and reach potential guests.

Stay Ahead of the Deadline

With the new rules taking effect in just a few months, it’s important to start the registration process sooner rather than later. By doing so, you ensure that your property is ready for short-term rentals and avoid any last-minute issues.

If you have any questions, please do not hesitate to contact us

Best wishes

María

A major update to Spain’s immigration law is coming into effect on 20 May 2025, with the publication of Royal Decree 1155/2024. Among other changes, the new regulation introduces a second-chance residency route (arraigo de segunda oportunidad), which may be particularly relevant for UK nationals who missed the chance to formalise their legal status in Spain after Brexit.

What Is “Second-Chance Residency”?

This new legal option is aimed at people who previously lived in Spain legally but lost their residency due to expiration, missed renewals, or not applying for the TIE under the Withdrawal Agreement in time.

The regulation allows those individuals to reapply for residence from within Spain — without needing to return to the UK or go through a standard visa process.

It is one of the most significant developments for non-EU nationals with long-term ties to Spain, especially former EU citizens like the British who found themselves outside the system post-Brexit.

Who Might Be Eligible?

According to the regulation, a person may qualify if they:

• Previously held a valid Spanish residence permit (e.g. as an EU citizen before Brexit),

• Are currently in Spain, even if undocumented,

• Can show recent continuous residence (such as the past 6 months),

• Are willing to reintegrate into Spanish society — through training, family ties, or community links.

This new pathway is distinct from others because it does not require proof of employment. That means it may be a realistic option for retirees, remote workers, or others without a Spanish job contract.

What Kind of Evidence Is Needed?

While specific requirements will vary, applicants are expected to provide documentation such as:

• Old NIE or expired residence card,

• Padron registration (empadronamiento),

• Utility bills, tenancy agreements, medical appointments,

• Anything that shows a long-term and ongoing presence in Spain.

Why It Matters for Brits in Spain

Many British residents who had lived in Spain for years did not apply for the TIE in time after the UK’s withdrawal from the EU. Whether due to confusion, missed deadlines, or uncertainty about the process, some are now in a legal grey area.

The new “second-chance residency” is designed to offer a legal route back into the system for those individuals — recognising their history in Spain and providing a way to regularise their situation without having to leave.

When Does It Take Effect?

The new regulation takes effect on 20 May 2025. Applications under the second-chance route can be made after that date, through Spain’s normal immigration channels.

It’s advisable to follow official updates via:

https://www.boe.es/buscar/act.php?id=BOE-A-2024-24099

​​​​​​​Note: This article is for informational purposes only and does not constitute legal advice. For personalised guidance, readers should consult with a legal expert or immigration advisor familiar with Spanish immigration law.

In Spain, rental contracts are regulated under different laws depending on the purpose of the property. The main types of rental contracts are those for residential use under the Urban Leasing Act (LAU), tourist rentals, and contracts for non-residential use, which include seasonal rentals. Below, we explain the characteristics and differences between these contracts.

1. Residential Rental Contracts (LAU)

Residential rental contracts are regulated by the Urban Leasing Act (LAU) and are intended for tenants who will use the property as their permanent residence.

Key Features:

• Duration: The contract must last at least 5 years if the landlord is a private individual, or 7 years if the landlord is a legal entity (company). The contract can be renewed automatically, but the landlord may decide not to renew it under certain conditions.

• Security Deposit: A deposit equivalent to one month’s rent is required at the start of the contract. This deposit is returned at the end of the contract, provided there is no damage to the property.

• Rent and Adjustment: Rent can be adjusted annually according to the Consumer Price Index (CPI).

• Termination: The landlord may terminate the contract before the agreed period for specific legal reasons, such as the need for the property for their own use. The tenant also has the right to terminate the contract following the notice period set in the agreement.

2. Tourist Rental Contracts

Tourist rentals are intended for short-term stays, generally for less than 30 days, and are regulated by specific regulations that vary by autonomous community and municipality.

Key Features:

• Duration: Tourist rentals are typically for less than 30 days, aimed at people looking for temporary accommodation, generally in tourist or vacation areas.

• License and Registration: In many regions, the property must be registered as a tourist rental and the landlord must obtain a license to rent it out. This ensures the property meets safety and habitability requirements.

• Taxes: Property owners offering tourist rentals must comply with several tax obligations, including Income Tax (IRPF) on rental income, and in some cases, VAT (IVA) if additional services, such as cleaning, are provided.

• Rent: Rent is generally higher than residential contracts and can vary depending on the season, location, and demand.

• Security Deposit: A deposit may or may not be required, depending on local regulations or what the parties agree upon.

3. Non-Residential Use Rental Contracts (Including Seasonal Rentals)

Non-residential use rental contracts cover leases for purposes other than residential use. This category includes seasonal rentals, which are a specific form of temporary rental.

Key Features:

• Purpose: These contracts are used for commercial, industrial, or professional purposes, or for seasonal rentals in tourist areas. In seasonal rentals, the property is leased for a temporary stay, such as for holidays or short-term work.

• Duration: Non-residential use rental contracts are typically short-term and agreed upon by the parties. Seasonal rentals are usually less than 5 years and generally do not exceed a year. Unlike residential leases, there are no minimum duration requirements.

• Rent: Rent is flexible and is generally higher in tourist or seasonal rentals due to seasonal demand.

• Security Deposit: A deposit is not always required, but it is common for the landlord to request one, especially in seasonal rentals or commercial leases.

• Regulation: These contracts are governed by the Civil Code and do not offer the same protections as residential rental contracts under the LAU. There are no automatic renewal rights, and tenants do not have the same legal protections in case of eviction or contract termination.

• Termination: Non-residential use contracts, including seasonal rentals, end automatically once the agreed period is over. There are no automatic renewals as there are with residential leases.

Key Differences Between the Contract Types

Conclusion

In Spain, rental contracts are regulated based on the intended use of the property. LAU contracts are for residential leases and offer significant protection to tenants, while tourist rentals are for short stays and have specific local regulations. On the other hand, non-residential use rental contracts, which include seasonal rentals, are used for commercial purposes or temporary stays, offering more flexibility but less protection for tenants.

It’s important to understand the differences and regulations for each type of rental to ensure compliance with local laws and to protect the rights of both landlords and tenants.