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Spain’s Supreme Court annuls the Short-Term Rental Register: what changes for holiday rentals in the Canary Islands
Spain’s Supreme Court has annulled a key part of Royal Decree 1312/2024: the state-level Short-Term Rental Register procedure and the obligation to obtain a national registration number through the Property Registry or Movable Property Registry in order to advertise a short-term rental on platforms such as Airbnb, Booking or Vrbo.
This is an important development for holiday rental owners in the Canary Islands. Many owners had already been required to apply for this additional number, even when their property was already registered or declared under regional tourism rules.
Why was the register created?
The background is EU Regulation 2024/1028, which was adopted to improve the collection and exchange of data on short-term accommodation rentals. The EU identified a real problem: authorities often lacked reliable information about who was offering accommodation, where the accommodation was located, how long it was rented for and through which platforms.
The EU goal was not to create a new tourist licence, but to improve transparency and allow public authorities to design proportionate policies on housing, tourism and local communities.
What did Spain add through Royal Decree 1312/2024?
Spain implemented the system through Royal Decree 1312/2024. The decree created a Digital Single Window for rentals and, in addition, a state registration procedure managed through the Property Registry or Movable Property Registry.
In practice, owners had to obtain a state registration number before offering short-term rental accommodation through online platforms. Platforms were expected to collect and display that number before allowing listings to be published.
Why did the Supreme Court annul it?
In Judgment 620/2026, the Supreme Court concluded that the Spanish State did not have sufficient competence to impose the state register in the way it had been designed. The central issue was that the register overlapped with existing regional registers and controls, especially in tourism and housing matters.
This was particularly relevant in the Canary Islands, where holiday rentals are already regulated through regional tourism rules and the General Tourism Register. The Canary Islands Government had also challenged the state decree, arguing that it invaded regional tourism powers.
What is annulled and what remains?
The judgment does not remove the entire Royal Decree 1312/2024. It annuls the provisions relating to the state register procedure and the obligation to register through the Property Registry or Movable Property Registry to obtain a number allowing short-term rentals to be advertised online.
However, the Digital Single Window, platform data transmission obligations and statistical data mechanisms remain in place. This means that short-term rental control does not disappear entirely.
What does this mean for owners in the Canary Islands?
The practical message is clear: the state NRA / Registro Único number is no longer the central requirement for publishing a short-term rental listing on online platforms.
However, owners must still comply with Canary Islands tourism rules, municipal planning, urban regulations, community rules and tax obligations. The ruling does not make an irregular property legal and does not remove regional holiday rental requirements.
Can owners request a refund?
Some owners paid fees to the Property Registry to obtain the state number and, in some cases, for related annual information filings. Following the annulment of the legal basis for that obligation, owners may consider submitting a refund request.
A refund is not guaranteed. Each case depends on the invoices, supporting documents, registry involved and administrative interpretation.
What owners should do now
• Keep the Property Registry invoice and proof of payment. • Keep a copy of the NRA or state registration application submitted at the time. • Do not treat this ruling as permission to operate without regional compliance. • Review whether the property complies with Canary Islands tourism, planning, municipal, community and tax rules. • Seek professional advice if the property’s legal situation is unclear.
Conclusion
The Supreme Court judgment is an important development for holiday rentals and short-term rentals in the Canary Islands. The Spanish State cannot maintain, in the annulled form, a national registration procedure that overlaps with existing regional systems.
However, the ruling does not remove holiday rental regulation. Regional, municipal, urban planning, community and tax obligations still apply.
Sources
• Royal Decree 1312/2024 — BOE: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2024-26931 • EU Regulation 2024/1028 — BOE / DOUE: https://www.boe.es/buscar/doc.php?id=DOUE-L-2024-80593 • Supreme Court Judgment 620/2026 — summary and ruling: https://www.notariosyregistradores.com/web/participa/noticias/el-ts-anula-registro-arrendamientos-corta-duracion/ • Canary Islands Government — challenge against the state register decree: https://www3.gobiernodecanarias.org/noticias/el-gobierno-interpone-un-recurso-contra-el-decreto-estatal-del-registro-unico-de-viviendas-turisticas/
Frequently Asked Questions
Has the holiday rental licence disappeared in the Canary Islands?
No. The ruling does not remove Canary Islands holiday rental rules. It affects the additional state register created by Royal Decree 1312/2024.
Can I advertise my property without complying with regional rules?
No. The property must still comply with tourism, planning, municipal, community and tax obligations.
Is the refund guaranteed?
No. Owners may submit a request, but the result depends on invoices, supporting documents and the relevant registry’s position.
What should I attach to the refund request?
At minimum, it is advisable to attach the Property Registry invoice, proof of payment and a copy of the related state registration request.