Barcelona Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Barcelona?

Barcelona, one of the most popular tourist destinations in the world, has implemented strict regulations on short-term rentals in recent years to address housing shortages and the impact of tourism on local communities. If you're considering starting a short-term rental business in Barcelona, it's crucial to understand and comply with these rules to avoid fines and legal issues.

Starting a Short-Term Rental Business in Barcelona

Property owners must obtain a tourist license from the city government to legally launch and operate a short-term rental in Barcelona. This requirement applies to rentals of less than 31 days in duration. Without a license, owners can face fines of up to €600,000.

However, since 2014, Barcelona has stopped issuing new tourist licenses to curb short-term rentals growth. As a result, the only way to obtain a license is to purchase a property that already has one. Due to scarcity, properties with existing tourist licenses often command a significant premium.

Once you have a licensed property, you must adhere to several additional requirements:

• Register your property with the Catalan Tourism Registry
• Provide guests with a rental contract and complaint forms
• Collect tourist taxes and remit them to the city
• Ensure your property meets safety and quality standards
• Limit rentals to a maximum of 120 days per year if the owner does not live on-site

Failure to comply with these regulations can result in fines and the revocation of your tourist license.

Enforcement and Challenges

Barcelona has taken a proactive approach to enforcing its short-term rental regulations. The city employs a team of inspectors who actively search for illegal listings on platforms like Airbnb and VRBO. In recent years, the city has closed over 1,000 unlicensed apartments and issued millions of euros in fines.

Despite these efforts, many property owners continue to operate short-term rentals illegally. Some use creative tactics to avoid detection, such as listing properties on lesser-known platforms or advertising rentals as longer-term stays.

The city's strict regulations have also faced legal challenges from the short-term rental industry. In 2021, Airbnb sued the city over its ban on renting private rooms for less than 31 days. The company argued that the ban violated European Union regulations on the free movement of services.

Impact on the Housing Market

Barcelona's short-term rental regulations are part of a broader effort to address the city's housing crisis. The proliferation of tourist apartments has been blamed for driving up rents and displacing long-term residents.

While the regulations have succeeded in slowing the growth of short-term rentals, some critics argue that they have not gone far enough in addressing the underlying issues of housing affordability and availability. Others worry about the economic impact of restricting tourism, which is a significant driver of the local economy.

Short-Term Rental Licensing Requirement in Barcelona

Barcelona has some of the strictest short-term rental regulations in Europe. Since 2014, the city has stopped issuing new tourist licenses for short-term rentals in an effort to curb the rapid growth of vacation rentals. As a result, the only way to legally operate a short-term rental in Barcelona is to purchase a property that already has a valid tourist license.

To obtain a tourist license, property owners must submit a certificate of occupancy (Cédula d'Habitabilitat) and pass an inspection to ensure the property meets safety and quality standards. The application fee for a tourist license is €227.

Once licensed, short-term rental operators in Barcelona face several additional requirements:

1. Properties can only be rented for a maximum of 120 days per year if the owner does not live on-site
2. Operators must register with the Catalan Tourism Registry and declare the operation of their tourist household
3. Guests must be provided with a rental contract, complaint forms, and information on local emergency contacts
4. Tourist taxes must be collected from guests and remitted to the city

Enforcement of these regulations is strict. Barcelona employs a team of inspectors who actively search for illegal listings on platforms like Airbnb. Fines for non-compliance can reach up to €600,000. Between 2016 and 2019, the city ordered the closure of over 4,900 unlicensed tourist apartments.

Despite these efforts, many unlicensed short-term rentals continue to operate illegally in Barcelona. Some hosts use creative tactics to avoid detection, such as listing on lesser-known booking sites or advertising rentals as longer stays. However, the steep fines and active enforcement pose major risks for those operating without a valid tourist license.

The strict licensing requirements and the 2014 moratorium on new licenses have made tourist licenses a scarce and valuable commodity in Barcelona's real estate market. Properties with existing licenses often sell at a significant premium. For investors looking to legally enter Barcelona's short-term rental market, purchasing a licensed property is currently the only path forward.

Required Documents for Barcelona Short-Term Rentals

To legally operate a short-term rental in Barcelona, property owners must obtain and provide several key documents:

1. Tourist License (HUT): The most critical document is the tourist license, also known as the HUT (Habitatge d'ús Turístic). Without this license, renting out a property for short-term stays (less than 31 days) is illegal. Due to the current moratorium on new licenses, the only way to obtain one is by purchasing a property that already has a valid HUT.
2. Cédula de Habitabilidad: This document, issued by the Catalan government, certifies that the property meets the minimum standards of habitability and safety. It is a prerequisite for obtaining the tourist license and must be renewed every 15 years.
3. Catalan Tourism Registry: Once the tourist license is obtained, the property must be registered with the Catalan Tourism Registry (Registre de Turisme de Catalunya). This registration number must be displayed on all rental listings and advertisements.
4. Complaint Forms: Short-term rental operators are required to provide official complaint forms to guests, which must be available in the property.
5. Local Emergency Contact Information: Owners must provide guests with contact information for local emergency services, such as police, fire department, and medical facilities.
6. Rental Contract: A written rental contract must be provided to guests, outlining the terms and conditions of the stay, including the duration, price, and any house rules.
7. Insurance: While not strictly required, it is highly recommended that short-term rental owners obtain appropriate insurance coverage to protect their property and liability.

Failure to obtain and provide these documents can result in significant fines and legal consequences. The Barcelona City Council has been actively enforcing these regulations, with inspectors searching for illegal listings and imposing penalties on non-compliant owners.

It is crucial for property owners to understand and comply with these documentation requirements before entering the short-term rental market in Barcelona. Given the complexity of the regulations and the challenges of obtaining a new tourist license, many investors are opting for alternative rental strategies, such as mid-term rentals (32 days to 11 months) or long-term rentals, which have fewer regulatory hurdles and can still provide attractive returns in the dynamic Barcelona real estate market.

Barcelona Short-Term Rental Taxes

In addition to the licensing and registration requirements, short-term rental operators in Barcelona are subject to various taxes. It's crucial for property owners to understand and comply with these tax obligations to avoid penalties and legal issues.

The primary taxes that apply to short-term rentals in Barcelona are:

1. Tourist Tax (IEET): Also known as the Tax on Stays in Tourist Establishments, this tax is levied on guests staying in short-term rental accommodations. As of 2024, the tax rates in Barcelona are:

1. €4.00 per person per night for tourist rental accommodations (EB4)
2. €5.25 per person per night for 5-star hotels and luxury establishments (EB1)
3. €3.45 per person per night for 4-star hotels and equivalent establishments (EB2)
4. €2.70 per person per night for other establishments (EB3)

Short-term rental operators are responsible for collecting this tax from guests and remitting it to the city on a quarterly basis.

2. Income Tax: Income earned from short-term rentals is subject to personal income tax (IRPF) for Spanish tax residents or non-resident income tax (IRNR) for non-residents. The tax rates vary depending on the owner's residency status:

1. Spanish tax residents: Progressive tax rates ranging from 19% to 45%
2. EU/EEA tax residents: Flat rate of 19%
3. Non-EU/EEA tax residents: Flat rate of 24%

Owners must declare their rental income on their annual tax return and pay taxes accordingly.

3. Value Added Tax (VAT): Generally, short-term rentals in Barcelona are exempt from VAT (IVA in Spanish) unless the owner provides additional hotel-style services such as catering, cleaning, or laundry. In such cases, a reduced VAT rate of 10% applies to the rental income.

It's important to note that short-term rental operators can deduct certain expenses related to the rental activity, such as mortgage interest, property taxes, insurance, and maintenance costs, to reduce their taxable income. However, the 60% reduction applicable to long-term rentals does not apply to short-term rentals.

Given the complexity of Barcelona's short-term rental regulations and tax obligations, it's highly recommended that property owners seek advice from a qualified tax professional or accountant familiar with the local laws. Failure to comply with these requirements can result in significant fines and legal consequences, making it essential for owners to stay informed and up-to-date with any changes in the regulatory landscape.

Spain Wide Short-Term Rental Rules

While each autonomous community in Spain has its own specific regulations for short-term rentals, there are some general rules and requirements that apply across the country:

1. Tourist License: In most regions, property owners must obtain a tourist license or register their property with the local authorities before offering it for short-term rental. The exact process and requirements vary by region.
2. Safety and Quality Standards: Properties must meet certain safety, hygiene, and quality standards to be eligible for a tourist license. This may include requirements for fire safety, ventilation, and accessibility.
3. Insurance: Owners are typically required to have liability insurance to cover potential damages or injuries that may occur during a guest's stay.
4. Guest Registration: Hosts are obligated to register their guests' information with the local police or authorities within 24 hours of their arrival. This is typically done online and requires guests' passport or ID details.
5. Taxation: Income earned from short-term rentals is subject to taxation, and owners must declare this income on their annual tax returns. The tax rates and deductions vary depending on the region and the owner's circumstances.
6. Community Rules: If the property is located within a community of owners (e.g., an apartment building), the community's rules and regulations may restrict or prohibit short-term rentals. Owners must ensure they comply with these rules before offering their property for rent.
7. Zoning Restrictions: Some cities and regions have zoning laws that limit short-term rentals in certain areas or neighborhoods to preserve housing availability for local residents.
8. Occupancy Limits: There may be restrictions on the maximum number of guests allowed per property and limits on the number of days per year a property can be rented out for short-term stays.

Property owners must thoroughly research and understand their region's specific regulations and requirements before engaging in short-term rental activity. Failure to comply with these rules can result in significant fines and legal consequences.

As the short-term rental market continues to evolve in Spain, it's also important for owners to stay informed about any changes or updates to the regulations in their area. Consulting with local authorities, legal professionals, and property management experts can help ensure compliance and minimize risk when operating a short-term rental in Spain.

Does Barcelona Strictly Enforce STR Rules?

Barcelona has some of Europe's strictest short-term rental regulations and actively enforces these rules. The city employs a team of inspectors who search for illegal listings on platforms like Airbnb and VRBO. Between 2016-2019, Barcelona ordered the closure of over 4,900 unlicensed tourist apartments.

Compared to other cities, Barcelona is not very Airbnb friendly. The city has stopped issuing new tourist licenses since 2014 to curb short-term rentals' growth. As a result, the only legal way to operate a short-term rental is to purchase a property that already has a license, which often comes at a significant premium.

Despite the strict rules, some hosts still attempt to operate illegally in Barcelona. Tactics include listing properties on lesser-known platforms, advertising rentals as longer stays, or using fake license numbers. However, the risk of getting caught and fined up to €600,000 is high given Barcelona's proactive enforcement.

Based on discussions in real estate investing forums like BiggerPockets, the general consensus is that operating a short-term rental in Barcelona without a proper tourist license is not advisable. The city's stringent regulations and active enforcement make it a challenging and risky market for STR investors.

In summary, Barcelona strictly enforces its short-term rental rules and is not a particularly Airbnb-friendly city compared to other destinations. While some hosts still attempt to skirt the regulations, the high fines and likelihood of getting shut down make operating illegally a precarious proposition. Investors interested in Barcelona's short-term rental market should be prepared to navigate a complex regulatory environment and pay a premium for properly licensed properties.

How to Start a Short-Term Rental Business in Barcelona

Starting a short-term rental business in Barcelona can be a lucrative venture, but it's crucial to follow the proper steps to ensure compliance with local regulations and set yourself up for success. Here's a numbered list of steps to get started:

1. Research and understand Barcelona's short-term rental regulations, including the requirement to obtain a tourist license (HUT) and the current moratorium on issuing new licenses in certain areas of the city.
2. If you don't already own a property, identify a suitable property to purchase that either already has a tourist license or is located in an area where new licenses are still being issued. Work with a local real estate agent familiar with the short-term rental market.
3. If you already own a property, determine if it meets the requirements for a tourist license, such as having a certificate of occupancy (Cédula d'Habitabilitat) and meeting safety and quality standards.
4. Apply for a tourist license with the city council, which involves submitting required documents, passing an inspection, and paying the application fee (currently €227).
5. Once you have obtained your tourist license, register your property with the Catalan Tourism Registry and obtain your registration number.
6. Prepare your property for guests by furnishing and decorating it appropriately, ensuring it is clean and well-maintained, and providing essential amenities.
7. Create a listing for your property on popular short-term rental platforms like Airbnb and Vrbo, including your registration number, and follow all platform guidelines.
8. Set competitive rates based on market research and seasonality and establish clear house rules and check-in/check-out procedures for guests.
9. Arrange for cleaning and maintenance services by hiring your own staff or contracting with a professional property management company.
10. Keep accurate records of all bookings and income, and ensure that you are collecting and remitting the appropriate taxes, including the tourist tax and income tax on your rental earnings.
11. Stay informed about any changes to Barcelona's short-term rental regulations and adapt your business practices to remain compliant.

By following these steps and being proactive about compliance and guest satisfaction, you can build a successful short-term rental business in Barcelona's competitive market. However, be prepared for challenges related to the city's strict regulations and enforcement, and consider alternative rental strategies like mid-term or long-term rentals if short-term rentals prove too difficult or risky in your specific circumstances.

Who to Contact in Barcelona about Short-Term Rental Regulations and Zoning?

If you have questions or need assistance regarding short-term rental regulations and zoning in Barcelona, there are several key contacts and resources available:

1. Barcelona City Council - Housing Department (Departament d'Habitatge)

Address: Carrer d'Alí Bei, 13-15, 08010 Barcelona
Phone: +34 932 918 500
Email: infohabitatge@bcn.cat
Website: https://habitatge.barcelona/

2. Barcelona City Council - Urban Planning Department (Departament d'Urbanisme)

Address: Avinguda Diagonal, 240, 08018 Barcelona
Phone: +34 932 914 447
Email: ecologiaurbana@bcn.cat
Website: https://ajuntament.barcelona.cat/ecologiaurbana/

3. Generalitat de Catalunya - Department of Business and Knowledge (Departament d'Empresa i Coneixement)

Address: Passeig de Gràcia, 105, 08008 Barcelona
Phone: +34 934 767 200
Email: atenciociutadana.emc@gencat.cat
Website: http://empresa.gencat.cat/

4. Barcelona Tourism Consortium (Consorci Turisme de Barcelona)

Address: Passatge de la Concepció, 7-9, 08008 Barcelona
Phone: +34 932 853 832
Email: info@barcelonaturisme.com
Website: https://www.barcelonaturisme.com/

5. APARTUR - Barcelona Tourist Apartment Association (Associació d'Apartaments Turístics de Barcelona)

Address: Gran Via de les Corts Catalanes, 584, Principal, 08011 Barcelona
Phone: +34 931 816 303
Email: info@apartur.com
Website: https://apartur.com/

These organizations can provide you with the most up-to-date information on short-term rental regulations, licensing requirements, zoning restrictions, and any other questions you may have about operating a vacation rental in Barcelona. It's always best to consult directly with relevant authorities to ensure compliance with local laws and regulations.

What Do Airbnb Hosts in Barcelona on Reddit and Bigger Pockets Think about Local Regulations?

Airbnb hosts in Barcelona have expressed mixed opinions about the city's strict short-term rental regulations on online forums like Reddit and Bigger Pockets. While some understand the need for regulation to preserve housing affordability and quality of life for residents, others feel the rules are overly restrictive and make it difficult to operate legally.

Here are a few insights from hosts on these platforms:

Reddit user "BCNhostthrowaway" shared their experience hosting in Barcelona, noting that the city has been very hostile to Airbnb under the current mayor. They explained that tourist licenses required to operate legally have been frozen for years, with no new licenses being issued. As a result, the only way to obtain a license is to purchase a property that already has one, which comes at a significant premium.

On the Bigger Pockets forum, a user named "Francisco Galera" sought advice on investing in Barcelona properties for short-term rentals. While no direct responses were provided, the post highlights the interest among foreign investors in entering Barcelona's Airbnb market, despite the regulatory challenges.

In another Reddit thread, user "thebadrash" mentioned that their building in the Eixample neighborhood had issues with an illegal Airbnb operating below their unit. The apartment was allegedly run by a Russian woman and managed by "shady guys," with the entire space carved up into five beds for tourists at €100 per night. The user noted that there haven't been any new licenses for tourist flats issued in years, so any new Airbnb is likely operating illegally.

Reddit user "Sugusino" pointed out that while short-term rentals under 31 days require a tourist license, owners can still legally rent out their properties for stays longer than 31 days without a license. This loophole allows some hosts to continue operating by offering longer minimum stays.

In a discussion about reporting illegal Airbnbs, Reddit user "Narrow_Raccoon" shared their experience reporting an unlicensed rental in their Eixample building. However, they noted that the city's response was simply to send the host a link to general information about the rules, suggesting that enforcement may not always be swift or effective.

Overall, the sentiment among Airbnb hosts in Barcelona on these forums seems to be one of frustration with the strict regulations and limited legal options for operating short-term rentals. While some acknowledge the need for rules to protect local housing, many feel the current system is overly burdensome, and favors established players who already hold tourist licenses. As the city continues to grapple with the impact of tourism on local communities, the debate over short-term rental regulations is likely to remain contentious among hosts and residents alike.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.