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

MadridThe Supreme Court partially rules in favor of those autonomous communities that filed an appeal against the single registry of short-term housing by 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 rentals," indicates the Supreme Court. However, it dismisses the Valencian government's appeal regarding the provisions of the rule 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 rule 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 number or license through which the property dedicated to short-term rental can be registered in the single 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 not only occurred 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 register to avoid duplication," reflected Marián Muro, general director of the Association of Tourist Apartments of Barcelona, a few months ago.

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

Understanding for appeals

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 an understanding.

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

The agreements will be concluded bilaterally with each community, but the Minister of Housing, Isabel Rodríguez, celebrated that administrations of different political colors have moved 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.