The legal framework for tourist rentals in Spain has undergone significant changes in 2026, directly affecting owners of tourist properties and short-term rentals. Many owners are now asking what they must do to continue renting legally, avoid penalties, and prevent their property from being removed from online rental platforms.
One of the most important developments is the annual obligation to submit the deposit of the short-term rental information model, a requirement that adds to existing obligations and must be clearly understood.
If you own a tourist property and are unsure how this regulation applies to you, Málaga Solicitors can review your specific situation and advise you on the obligations you must comply with in 2026.
What is the annual rental registration and why does it cause confusion among tourist property owners?
The so-called annual rental registration is an information obligation designed for residential leases, intended to provide the authorities with information on rental contracts entered into during the previous year. The purpose of this is only the control from tax authorities as well as create more obstacles and legal obligation for property owners to continue with rental activity.
What is the annual deposit of the short-term rental information model?
The obligation consists of submitting an annual deposit of the short-term rental information model to the relevant Land Registry. It is is requirement applies even to owners who already hold a valid tourist rental registration and have been operating lawfully.
If you are unsure who to deal with this new obligation, our legal team can confirm this and guide you through the process.
What information must be included in the short-term rental deposit?
The deposit must include an anonymised list of all short-term rentals initiated during the previous year, including at least:
- Purpose of the rental
- Number of guests
- Check-in and check-out dates
- Identification of the unique rental registration number
Incorrect or incomplete submissions may result in administrative issues, which is why professional legal assistance is strongly recommended.
If I applied for unique rental registration numbers in 2025, what must I do in 2026?
Property owners who applied for one or more unique rental registration numbers during 2025 should be aware that.
When must the annual short-term rental deposit be submitted?
The regulation establishes an annual obligation, which must be fulfilled:
- Every year during the month of February
- Using the information from the previous calendar year
For the 2026 filing, the specific deadline is from 1 February to 2 March, as the last day of February is non-working.
Meeting the deadline is essential, as failure to do so has serious consequences.
What happens if the owner does not submit the deposit on time?
The regulation is particularly strict on this point.Failure to submit the short-term rental information deposit results in the revocation of the right to market the property on online platforms.
In practical terms, this may lead to:
- Removal of listings from holiday rental platforms
- Loss of the rental registration number
- Inability to legally operate the tourist property
If there is any doubt as to whether this obligation has been properly fulfilled, it is advisable to act promptly. Our firm can assist with correct submission or assess available legal options.
Many owners choose to delegate this process to avoid technical or formal errors. Málaga Solicitors can manage the entire process on your behalf.
Who can submit the deposit: the owner or a third party?
The deposit may be submitted by:
- The registered owner of the property
- A third party who can demonstrate authority to manage the rental, such as a lawyer or property manager
Delegating this obligation to a specialised professional provides greater legal certainty and peace of mind.
Conclusion: why reviewing your legal position as a tourist property owner in 2026 is essential
The introduction of the annual short-term rental deposit obligation represents a significant change for tourist property owners. More bureaucracy, costs and obstacles for property owners. Failure to comply may result in losing the right to rent out your property, even if it is otherwise correctly registered.
At Málaga Solicitors, we have extensive experience in real estate and property law and regularly advise both Spanish and international property owners. Contact our team if you require assistance to ensure full legal compliance and to rent your tourist property with confidence.
CEO – Malaga Solicitors Group
A specialist in property and company law, José is the founder of Malaga Solicitors Group and the head of our Marbella office.
Languages: Spanish and English.
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