The Supreme Court annuls the single registry of tourist rentals of the State because it considers that it does not have competencies

MadridThe Supreme Court partially upholds the claims of those autonomous communities that filed an appeal against the single registry of short-term housing of the Spanish government because they believed it encroached on regional competencies. In a ruling published this Thursday, and in response to an appeal filed by the Valencian Generalitat (Andalusia also filed one), the high court annuls the measure because it considers that the State does not have the competencies to create such a tool.

"The State does not have the competencies to establish an exhaustive regulation of a national registry that overlaps with existing regional registries regarding the registration of properties intended for tourist rental," indicates the Supreme Court. However, it dismisses the appeal of the Valencian government regarding the provisions of the norm that regulate the single digital window for rentals, the obligation of digital platforms to send their data, and the transmission of information for statistical purposes.

What does the norm say?

The Spanish government's regulation defines what a short-term rental is and creates a single digital window for leases that grants a registration or license number through which the property dedicated to short-term rental can be registered in the unique registry. The single digital window provides a registration number (license) for each short-term rental, including tourist accommodations – rentals of less than 31 days –, seasonal rentals – rentals for non-habitual residence of the tenant –, rooms, and also boats or other properties. The objective was to put an end to fraud surrounding these properties and to ensure that only those listed can be marketed. Sources from the Ministry of Housing estimate that 111,000 illegal contracts have emerged since July 1, 2025, when the measure was launched.

Clash with employers' associations

The clash over this single register did not only occur between communities and the Ministry of Housing, which is responsible for implementing this policy. The employers' association of tourist property owners also took a stand. "What would have been logical is to send the data from the regional databases in a single register to avoid duplication," reflected Marián Muro, general director of the Association of Tourist Apartments in Barcelona (Apartur), a few months ago. In a statement sent this Thursday, Apartur has welcomed the Supreme Court's decision. "It generated legal uncertainty," they indicate.

Spain became the first country in the European Union to develop this single register. In fact, the European regulation provides for all member states to have one. What the Supreme Court says, however, is that community regulations do not establish that this register must be designed by a country's central administration and "even less so does it affect the distribution regime of existing powers in the member states." In the Catalan case, for example, there is the Registry of Tourism of Catalonia, but since the central government approved its regulation, those property owners interested in registering a property are asked to request the registration according to what the state norm dictates. "The TS has decided to leave the registers of tourist and seasonal accommodations in the hands of the communities. It is up to them from now on to ensure compliance," indicate sources from the ministry.

Understanding for resources

However, the Supreme Court's ruling coincided with the distribution of resources from the State Housing Plan 2026 - 2030 among the autonomous communities and, unlike the single state registry of tourist rentals, here there was indeed an understanding.

The autonomous communities have unanimously endorsed the state plan and the resources, as explained by ministry sources after the sectoral conference held this Thursday in Madrid to explain the details of the measure. The regional governments of the PP have once again criticized the measure, but have adhered to it.

The agreements will be finalized bilaterally with each community, but the Minister of Housing, Isabel Rodríguez, has celebrated that administrations of different political colors have brought positions closer on an issue she described as "a priority". The plan is endowed with 7,000 million euros, 1,015 of which will be allocated to Catalonia (609 million contributed by the State and the rest of the money by the Generalitat).