El blog de Maria

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.