Seasonal rental vs tourist rental in Spain (2026): differences, the single registry and what changes

Updated: 10 November 2026

Many owners in Spain rent by the month to students, health workers or posted staff, and by the day to tourists in summer. These are two different regimes, and in 2026 both have moved: the Urban Leases Act, the single rental registry and the political calendar. This guide sums up what the Official State Gazette (BOE), the Andalusian government and the Spanish Congress say as of 9 November 2026, with sources at the end. Where we could not confirm something, we say so. It is not legal advice: check with your adviser or lawyer.

Two different things

The Urban Leases Act (LAU, consolidated BOE text) separates them like this:

Tourist home: article 5 e) excludes from the LAU the temporary letting of a furnished home marketed through tourist channels, for profit and under a specific tourism regime. Your region's rules apply, and its length «may in no case exceed thirty-one days».
Temporary housing (formerly called «seasonal»): article 2.3 defines it as letting to someone away from their usual home for a «justified and provable» reason. It can be the whole home or a room.
Article 3 (use other than housing) no longer mentions «season» and excludes «in all cases» contracts for «the lodging or accommodation of persons».
Rule of thumb: if the guest is on holiday and found you on a tourist channel, it is a tourist let; if they come for work, study or another reason and stay over a month under a contract, it is temporary housing.

What temporary housing now requires

According to the consolidated LAU, after Royal Decree-law 29/2026 (BOE of 7 October 2026, in force from the 8th):

The reason is written into the contract and must be «real and provable». If disputed, the landlord must prove it (art. 7.2).
Length: more than 31 days and, as a rule, no more than 12 months (art. 9 bis).
If it lasts over 12 months without a reason, or more than two back-to-back contracts are signed between the same parties for the same home, it becomes a main-residence lease with its terms and extensions (art. 9 bis.2).
If the reason is missing, the contract loses its temporary status from the date it was signed (art. 7.2).
The tenant may leave after one month with ten days' notice (art. 11.2).
For successive temporary contracts on the same home, rent cannot rise by more than the IRAV index (art. 17.8).
Seasonal contracts signed earlier keep the old rules until they end, with no extension; if renewed, they become temporary housing (eighth transitional provision).

The single registry and the number in listings

Royal Decree 1312/2024 created the Single Rental Registry and the Single Digital Rental Window (Ventanilla Única Digital de Arrendamientos):

It covered short-term lets «for tourist purposes or not», expressly referring to seasonal lets. From 1 July 2025 platforms had to show the registration number in listings.
The registry was kept by the Land Registry or the Movable Property Registry.
The Supreme Court, in a ruling of 19 May 2026 (BOE of 8 June 2026) and others of 21 May and 1 June, annulled the single-registry procedure and the provisions on the registration number (articles 5, 8, 9 and 10, among others).
The ruling does not expressly annul the Single Digital Window (article 7), the channel through which platforms send data to the Housing Ministry.
We found no official source for a national registry replacing it. If your region requires a number for tourist homes, that still applies.

Andalusia: where a tourist home ends

Decree 28/2016 on tourist homes (consolidated text published by the regional government, with the 2024 changes):

It excludes homes «let for more than two continuous months to the same tenant».
It also excludes homes lent free of charge, rural homes (they have their own rules) and groups of three or more homes of the same owner, which count as tourist apartments.
It presumes a tourist purpose if the home is marketed on tourist channels: travel agencies, intermediaries and channels with booking (art. 3.1).
Result: between 32 days and two months there is a band where how you advertise and which contract you use matter. Ask your adviser.
We have not checked for changes to the decree after 2024.

Is there a new law? What happened in Congress

Bill 122/000136, to regulate temporary and room lets, reached the committee-stage report (Official Gazette of the Cortes, 2 December 2025). We could not confirm it was passed into law.
Royal Decree 806/2026 dissolved Congress and the Senate with effect from 6 October 2026; the general election is on 29 November.
Article 207 of the Rules of Congress says that, once Congress is dissolved, all pending business lapses, except what falls to the Standing Committee. A bill still in progress lapses.
The temporary-housing rules now in the LAU come from Royal Decree-law 29/2026, approved by the Government on 6 October. A decree-law must be validated by Congress (or its Standing Committee); as of 9 November 2026 the BOE shows no validation or repeal note. Not confirmed: check before signing.

Using «seasonal» to hide a tourist let

The preamble of Royal Decree-law 29/2026 speaks of «ending the fraud that seasonal and room lets cause on main-residence renting»: that is, seasonal contracts hiding permanent housing.
In the official sources we read we found no express reference to using seasonal lets to hide tourist rentals.
What the rules do say: a temporary contract without a real reason becomes a main-residence lease, and in Andalusia advertising on tourist channels creates a presumption of tourist purpose.
Good practice: do not advertise a «seasonal» flat on holiday platforms for stays of a few days; if you do both, keep channels, contracts and registrations separate.

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Frequently asked questions

What is the difference between a seasonal let and a tourist home?

A tourist home is marketed on tourist channels, follows regional rules and cannot exceed 31 days (art. 5 e LAU). Temporary housing needs a real, provable reason, lasts more than 31 days and, as a rule, up to 12 months (arts. 2.3, 7.2 and 9 bis LAU).

Do I need a single-registry number to rent by the month?

The Supreme Court annulled the single-registry procedure and number of Royal Decree 1312/2024 in May and June 2026. We found no national registry replacing it.

What if I chain temporary contracts?

More than two back-to-back contracts between the same parties for the same home, or over 12 months without a reason, turn it into a main-residence lease (art. 9 bis LAU).

In Andalusia, is a let of more than two months a tourist home?

No. Decree 28/2016 excludes homes let for more than two continuous months to the same tenant.

Has the seasonal-rental law been passed?

The bill lapsed when the Cortes were dissolved. Current rules come from Royal Decree-law 29/2026; we could not confirm its validation in the BOE.

Sources

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