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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Legal tip 1506. Post-Brexit Arraigo: A Clearer Path for British Citizens in Spain
Friday, May 23, 2025

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



Like 0        Published at 6:20 PM   Comments (0)


Legal tip 1505. Spain Orders Airbnb to Remove 65,000 Listings
Monday, May 19, 2025

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:

Region Registration Required? Notes
Andalusia Yes Mandatory since 2016 via Registro de Turismo
Catalonia Yes Requires HUT number; strict enforcement
Valencia Yes Must be in regional registry
Balearic Islands Yes Limited licences; very strict controls
Madrid Yes (less strict) Registration and basic standards required
Basque Country Yes Regional registration mandatory
Canary Islands Yes Registration and minimum conditions
Galicia Yes Registration required
Castilla y León Yes Required for any tourist rental
Castilla-La Mancha Yes Declaration and registration needed
Murcia Yes Must register with tourism board
Extremadura Yes Compliance declaration required
Navarra Yes Classification and registration
La Rioja Yes Must be in regional records
Aragon Yes Registro de Turismo de Aragón
Cantabria Yes Regional tourism registration required
Asturias Yes Registration and inspections mandated


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.



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Legal tip 1504. Mandatory Registration for Short-Term Rentals in Spain Starting July 2025
Wednesday, May 14, 2025

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



Like 1        Published at 6:30 PM   Comments (12)


Legal tip 1503. Missed the Brexit TIE Deadline? Spain’s New Immigration Rules Give Brits a Second Chance
Monday, May 12, 2025

 

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.

 



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