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

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

"The State does not have the authority to establish an exhaustive regulation of a national registry that overlaps with existing regional registries regarding the registration of properties intended for tourist rentals," indicates the Supreme Court. However, it dismisses the Valencian government's appeal 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 regulation approved by the Spanish government in 2024 defines what a short-term rental is and creates a single digital window for leases that assigns a registration or license number through which the affected property can be registered in the single registry. The single digital window provides a 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 around these properties and to ensure that only those listed can be marketed.

Sources from the Ministry of Housing estimate that 111,090 illegal contracts have emerged across the State since July 1, 2025, when the measure was implemented. Of these rentals, 18,060 were in Catalonia (9,529 in Barcelona; 5,240 in Girona; 839 in Lleida; and 2,452 in Tarragona), and the majority were tourist apartments (11,718), according to the latest data from the ministry accessed by ARA. To date, more than 340,000 homes had been successfully registered throughout the State, 66,057 of which were in Catalonia and almost half (32,132 apartments) in Barcelona. The Principality is the third autonomous community, behind Andalusia and the Valencian Community, with the most registered apartments, especially tourist ones (44,625). By type, the majority were tourist apartments (44,625).

Clash with employers' associations

The clash over this single registry was not only between communities and the Ministry of Housing, which is responsible for implementing this policy. The employers' association of tourist apartment owners also stood firm. "What would have been logical is to send the data from the regional databases in a single registry to avoid duplication," reflected Marián Muro, general director of the Association of Tourist Apartments of Barcelona (Apartur), a few months ago. Apartur has welcomed the Supreme Court's decision: "It generated legal uncertainty," the employers' association indicated in a statement.

Spain became the first country in the European Union to develop this single registry. In fact, the European regulation foresees that all member states have one. However, what the Supreme Court says is that Community law does not establish that this registry must be designed by a country's central administration and "even less does it affect the distribution regime of existing competences in member states." In the Catalan case, for example, the Registry of Tourism of Catalonia exists, but since the central government approved its regulation, those owners interested in registering a property are asked to apply for registration according to the state rule. "The TS has decided to leave the registration of tourist and seasonal accommodations in the hands of the communities. It is up to them from now on to ensure compliance," the ministry points out.

Understanding of resources

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, here there was an understanding. The autonomous communities have unanimously endorsed the state plan and the resources corresponding to each territory, as explained by ministry sources after the conference held this Thursday in Madrid. 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, celebrated that administrations of different political colors have brought their 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 provided by the State and the rest of the money by the Generalitat).