Big changes for owners of holiday apartments. There is a court decision

Polish capital is increasingly marking its presence on the Spanish real estate market. Only in the first quarter of 2026, Poles bought 1,126 flats and apartments there. This is an increase of 12.8%. year to year and almost 41 percent more than two years earlier – according to data from the Registradores de España. Thanks to this, Poles moved up to 8th place among foreign real estate buyers.

With the growing number of Polish investments, short-term rental is becoming more and more important, and for many buyers it has become a key way of making money on real estate. Legal changes that may affect the rental rules are all the more attracting the market’s attention.

The Supreme Court invalidates some of the regulations

On June 8, 2026, the Spanish Official Journal published a judgment of the Supreme Court (BOE-A-2026-12300), which invalidated the provisions regarding the national register of short-term rentals “Registro Único de Arrendamientos” and the obligation to have an NRUA number.

This means the liquidation of the central registration system, which from 2025 was to cover all rental offers published on platforms such as Airbnb or Booking.com. The court found that the state did not have the competence to introduce it because the system duplicated existing regional registers and violated the competences of autonomous communities.

At the same time – as experts emphasize – this does not mean full liberalization of the market.

– However, the judgment does not mean the abolition of tourist licenses applicable at the regional level – notes Agnieszka Marciniak-Kostrzewa, founder of Agnes Inversiones.

As he explains, in Andalusia there is still the registration of properties intended for tourist rental and the need to obtain an entry in the Andalucía Tourism Register (Registro de Turismo de Andalucía – RTA), run by the regional government (Junta de Andalucía).

– Property owners are still obliged to meet the requirements specified in the regulations of the autonomous community – emphasizes the expert.

Regional regulations still apply

Although the central system disappears, regional rules remain in force. This means that in many parts of the country – including popular Andalusia – local tourist licenses are still required.

– It is also worth emphasizing that the judgment does not affect the Register of Tourist Licenses in Andalusia, which operates at the regional level and remains fully valid. The Supreme Court only invalidated the national register “Registro Único de Arrendamientos”, leaving in force the provisions on data centralization and coordination of information on short-term rentals – explains Agnieszka Marciniak-Kostrzewa.

In practice, this means that property owners on the Costa del Sol and elsewhere in the region still need to have the appropriate permits if they want to legally rent apartments to tourists.

What do the changes mean for apartment owners?

The new regulations are particularly important for investors who purchased real estate for short-term rental purposes. When selling an apartment, the tourist license generally remains valid as long as the property meets all legal and technical requirements.

As the expert points out, the greater risk applies to new investments. Some housing communities have already introduced restrictions on tourist rentals. If the resolution was adopted by a 3/5 majority, it may be impossible to obtain a new license – even if regional regulations allow it.

As a result, the short-term rental market is entering a stage of greater regulatory dispersion, in which regional regulations and decisions of housing communities play a key role. For investors, this means the need to analyze local rules even more thoroughly before purchasing real estate.