Spain targets 8,318 holiday rental listings under new 31-day rule

Spanish authorities have identified 8,318 rental listings advertised as seasonal accommodation but allowing bookings of fewer than 31 days. This move could affect property owners and rental platforms, especially in Madrid, where most of the listings have been identified.

Spain’s Ministry of Social Rights, Consumer Affairs and the 2030 Agenda has asked two online accommodation platforms to block or remove these advertisements on the grounds that they may violate the terms of the new rental law.

This was the result of a housing reform approved on 6 October which introduced stricter conditions for seasonal rental agreements.

The move highlights the importance of correctly classifying properties advertised online. It also raises questions for travellers about the difference between tourist accommodation and seasonal rentals.

However, the government has not announced a nationwide ban on short holiday stays. Nor have all 8,318 been confirmed as removed from the web.

According to an official statement from Spain’s Ministry of Consumer Affairs, the advertisements were flagged because properties marketed as seasonal rentals allowed bookings of fewer than 31 days, potentially breaching the new rules.

Why Spain wants 8,318 rental listings removed

The investigation was carried out by the Spanish Directorate-General for Consumer Affairs and uncovered thousands of advertisements that might violate the amended Urban Leases Act.

The main problem is the advertising of houses as seasonal lettings when they can be rented out for a shorter period.

Under the new legislation, seasonal rentals are subject to a 31-day threshold, with landlords also required to justify the temporary purpose of the stay.

The ministry considers that advertising properties as seasonal rentals while allowing stays of fewer than 31 days could constitute a misleading commercial practice.

Madrid accounts for the overwhelming majority of the advertisements identified.Of the 8,318 listings identified by the ministry, 6,772 are in the Community of Madrid and 6,523 are in Madrid city itself.

The remaining 1,546 advertisements concern properties elsewhere in Spain, though the ministry has not provided a detailed regional breakdown.

The government has not named the two platforms involved in this particular action.

Both platforms have been formally notified through mechanisms established under the EU’s Digital Services Act.

If notified of the presence of potentially illegal content, platforms have obligations under the European regulations. Failure to remove advertisements or block access may result in enforcement proceedings.

This does not mean that the platforms have already been fined or that every property identified has been permanently removed from the market.

What Spain’s new 31-day rental rule actually means

The new policy is a consequence of the enactment of Royal Decree-Law 29/2026, which was published in the Spanish State Gazette and amended the legal status of temporary lodgings.

The legislation distinguishes genuine seasonal rentals from standard residential tenancies and short-term tourist lodgings.

A seasonal rental is intended for those who have a temporary need for lodging for some special reason, rather than for those seeking permanent residence.

For example, people who have moved for work or to study, or people undergoing medical treatment or convalescence.

The landlord must be able to justify the temporary nature of the rental accommodation.

In other cases, the conditions of a genuine seasonal rental will not be met, and the contract may fall under the rules that govern ordinary tenancy agreements.

This distinction matters because there are different legal requirements and legal safeguards for each type of dwelling.

The essential thing is that the 31-day condition does not forbid foreign visitors from renting an apartment in Spain for a long weekend or a holiday.

Vacation housing remains subject to its own regulatory framework, which is also dependent on local and regional requirements.

The problem identified by Consumer Affairs is properties advertised in a legal category but offering stays which do not meet the conditions of this category.

The decree came into force on October 8, although it was still awaiting parliamentary validation when the Ministry announced its latest decision.

What property owners and tourists should know

For property owners in Spain, the latest intervention highlights the importance of ensuring that online listings accurately reflect the type of accommodation being offered.

Those who offer their property as a seasonal rental must ensure that the duration of the stay, the purpose of the letting and the conditions of the contract conform with the applicable regulations.

Owners who provide holiday accommodation must comply with the regulations relating to the establishment of tourist accommodation, including any requirements for registration or licensing.

Simply describing a holiday apartment as a seasonal rental does not automatically make it legally compliant.

The latest action is part of a wider government crackdown on unlawful or misleading rental advertisements.

Previously, Consumer Affairs imposed a fine of €64 million on Airbnb for the advertising of accommodation that did not meet the conditions, and more than 65,000 advertisements were removed.

The Ministry of Consumer Affairs reported that Booking.com had also removed more than 4,000 listings after a request by the authorities.

Those previous cases are separate from the newly identified 8,318 advertisements.

For those intending to travel to Spain, the latest announcement does not in itself cancel any holiday bookings that have already been made.

Travellers must nonetheless make sure that the accommodation they reserve is as advertised, read the conditions of reservation, and check the information required for properties classified as tourist accommodation.

Anyone who is contacted about a cancellation or amendment to an existing reservation should verify it directly with the booking platform or accommodation provider.

At present the important thing is that Spanish authorities have officially targeted thousands of advertisements they consider potentially misleading.

Whether all the listings are removed and whether further action is required will depend on the platforms’ responses and any subsequent decisions by the authorities.