This is a very common question among property owners who want to use their homes for holiday or tourist rentals. This initial doubt is usually followed by other questions related to the legal implications, financial penalties, current regulations and taxation associated with renting without a tourist licence.
In this article we take an in-depth look at Airbnb’s rules, what happens if you rent without a licence, the risk of being fined, and the benefits of operating legally. In addition, we will give you a practical tip to automate your guests’ check-in and avoid mistakes in day-to-day management.
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Airbnb is an intermediary platform between hosts and travellers, and it requires compliance with the local laws where the properties operate. This includes the requirement that the owner provide the tourist licence number in order to publish a listing. In some autonomous communities, if your licence is still being processed, you can use a provisional number according to local rules.
However, if you do not have a valid licence or a temporary number, Airbnb will not allow you to publish your property as tourist accommodation. In fact, in recent months, Airbnb has removed thousands of listings from its platform for properties that were not fully regularised.
The platform is legally obliged to cooperate with local authorities and to verify that listed properties comply with regulations. This means that if you do not have a licence, your listing may be removed or rejected. In addition, both hosts and the platform itself may face penalties for failing to comply with regulations.
In light of the above, it is mandatory to have a tourist licence in order to access the Airbnb platform and promote your listing. Short-term tourist rentals are considered short-stay lets and you will need a tourist licence to host guests. Each tourist licence must be requested from the autonomous community where the property is located.
This licence certifies that your property complies with the habitability, safety and quality requirements laid down in the tourism legislation of your autonomous community.
Furthermore, as this is an economic activity, you must comply with the relevant tax obligations, such as declaring income in your personal income tax return and applying VAT or tourist taxes if required in your region.
Holiday rentals are considered an economic activity and therefore must comply with certain legal and tax requirements. The holiday or tourist licence certifies that the property meets the conditions laid down by local regulations for tourist use.
The tourist licence ensures that accommodation meets minimum quality and safety standards, protecting guests from possible fraud or inadequate conditions.
Having a licence allows local authorities to control the economic activity generated by holiday rentals, ensuring that owners comply with their tax obligations, such as paying the relevant taxes (IRPF, VAT or tourist taxes in some regions).
The consequences of operating a holiday rental without a tourist licence can lead to legal problems and financial penalties from the authorities. These penalties may increase if non-compliance continues over time:
Fines for renting without a tourist licence are becoming increasingly common. For example:
These penalties are based on the fact that tourist use without authorisation is considered a serious offence, and fines may be calculated as a percentage of the cadastral or market value of the property, or according to local sanction rules.
Renting without a tourist licence entails major financial and legal risks:
Since 3 April 2025, a new requirement has been introduced: the homeowners’ association must expressly approve the tourist use of the property.
In addition, a recent Supreme Court ruling has given homeowners’ associations the ability to ban tourist flats if 60% of the neighbours so decide. This means that even if you have a tourist licence, you will not be able to rent legally if your community prohibits it.
It ensures the legal operation of your business and smooth communication with OTAs such as Airbnb, so that you can carry out any type of management and promote your holiday rental.
Having a tourist licence assures guests that the property is in perfect habitable condition and ready to live in.
You will be able to receive advice from tourism bodies, which can be key to increasing your income.
The licence helps ensure a balance between tourist and residential use, limiting conflicts related to noise, use of common services or increased foot traffic.
Use tools such as Check-in Scan to automate guest registration, verify their identity and comply with reporting obligations to SES.Hospedajes and other systems. This will save you time, prevent mistakes and improve the traveller experience.
It is not possible to legally rent an Airbnb without a tourist licence, because the platform itself requires a registration number when you list a property for promotion, and local regulations consider unlicensed tourist rentals to be illegal.
The tourist licence is a key mechanism for effective communication with OTAs and public bodies, and it acts as a trust tool to ensure that the property is suitable for habitation.
Tip for efficient guest registration:
We submit guest data on your behalf to SES HOSPEDAJES, SIBA-SEF and ALLOGGIATI.
