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PROPERTY

Is buying a property to rent out to tourists in Spain too risky now?

The quick return on investment for buying a holiday let in popular Spanish cities and towns can be very appealing, but there are increasing signs that the money-making scheme could come to an end soon. 

Is buying a property to rent out to tourists in Spain too risky now?
A sticker on the intercom of a house reads "Tourist apartments, out" in Madrid on June 23, 2024. (Photo by OSCAR DEL POZO / AFP)

Regardless of what you think are the causes of Spain’s housing crisis, one thing is clear: short-term holiday lets are up to four times more profitable than long-term rentals. 

Just how remunerative they are can depend on many factors (occupancy rate, location etc), but according to Spanish property portal Housfy, a tourist let provides an average net profit of 15 percent a year.

With this in mind, it’s no surprise that tourist apartments have proliferated across the country: 9.2 percent alone in the last year, which adds up to around 60,000 new ones.

As Spain welcomes more and more tourists (84 million in 2023, a record that looks set to be beaten in 2024), you’d expect the goose that laid the golden eggs to continue plugging away.

However, the simmering resentment from disgruntled residents who blame mass tourism and holiday lets for their spiralling rents does appear to be having an impact. 

OPINION: Spaniards should blame landlords, not tourists

There is currently no outright nationwide ban in Spain on Airbnb-style lets, but a growing number of small towns and big cities have taken action in recent weeks and months. 

From Dénia on the Costa Blanca to Pamplona in the north, municipalities across Spain are introducing temporary moratoriums on new licences for tourism apartments, which should in theory prevent new ones from popping up (there are tens of thousands of unlicensed holiday lets, especially in Madrid). 

READ ALSO: Which cities in Spain have new restrictions on tourist rentals?

Barcelona authorities have perhaps taken the toughest approach so far, as their mayor Jaume Collboni actually said there will be no more tourist rental flats in the Catalan city by 2028

READ ALSO: Can Barcelona really ban all Airbnbs?

So is it possible to envision a future where holiday lets are not allowed in Spain? And if so, would it be better for small and big investors to ditch plans to buy a Spanish property if the primary purpose of it is to let it out to tourists?

Hatred of holiday lets is on the up in Spain, the world’s second most visited country, prompting authorities to try and reconcile the interests of locals and those invested in this lucrative sector. (Photo by OSCAR DEL POZO / AFP)

Spain’ Housing Minister Isabel Rodríguez has on several occasions hinted at the need to “regulate tourist flats” rather than banning them entirely, although in July she did say “if we need to ban tourist flats, we will; if limiting them is enough, we’ll limit them”.

There’s been talk of legislation to ban holiday lets in residential apartment blocks, as well as putting a stop to temporary accommodation (longer than short-term lets but shorter than long-term rents). 

But in truth, things are moving slowly and the Spanish government appears to be somewhat sitting on the fence regarding restrictive measures, all too happy to pass the buck to the regions and individual town halls. 

There is clearly an awareness of all the vested interests in the holiday let industry, that not all landlords own a dozen properties, and even the legal implications of banning citizens from doing as they please with their assets.

What does seem clear is that city centre properties and those in the popular old quarters of Spanish cities and towns are most likely to be limited by local regulations, at least temporarily.

The same applies to tourist flats in residential buildings, as there is currently an amendment in the pipeline which would give communities of neighbours the power to veto new holiday lets in their blocks. 

Therefore, investors should consider whether properties that fall in these categories are future-proof in terms of short-term letting, and whether they’ll have to swap over to long-term letting at some point.

Spain’s latest Housing Law, which came into force in 2023 and sought to stop long-term rents from increasing, has actually led many landlords to either find loopholes or take their properties off the market. 

READ MORE: Why landlords in Spain leave their flats empt rather than rent long-term

With more demand and less stock, rents have logically continued to increase in 2024.

The legislation has clearly backfired, and with a boost in social housing a very long-term solution, Sánchez’s government may be forced into a corner and have to act vis-à-vis holiday lets if the situation becomes more untenable. 

READ MORE: Has Spain’s Housing Law completely failed to control rents?

A blanket ban is unlikely, as short-term rentals in more rural locations with fewer inhabitants have less of an impact on rents.

But buying a property in Spain in a central or sought-after residential area in Spain (especially in an apartment block) with the sole purpose of letting it out to tourists, now appears to have its risks as a long-term investment.

READ ALSO: VUT, AT or VV? Why Spain’s holiday let categories matter to owners

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For members

RENTING

The rules and small print for a rental contract for a room in Spain

Renting a room in Spain can often be easier and cheaper than trying to rent a whole apartment or house for yourself, but there are still several things you need to look out for in your rental contract and small print clauses you need to be aware of.

The rules and small print for a rental contract for a room in Spain

Sharing a flat in Spain may of course not be your first choice; in 55 percent of cases people here do so because they can’t afford their own place. 

Renting a room is now almost 10 percent more expensive than a year ago, according to recent data published by property portal Idealista, costing almost double in 2024 than it did nine years ago.

The national average for renting a room is now €488 per month.

If you’ve come here to be a student or to learn Spanish though, renting a room can be excellent choice.

Due to Spain’s housing crisis and financial constraints, renting a room is no longer only an option for young people in Spain. In fact, in 2022 Idealista found that the average of a person sharing a home in Spain was 34. 

READ ALSO: Renting a room in Spain costs 90% more than in 2015

Renting a room is increasingly popular in Spain, especially in those cities where rent is very high, such as in regional capitals. 

While your contract for renting a room may not be extensive as renting a whole property, it’s still very important that you have one to make sure that you’re protected.

A room rental agreement not only ensures that both parties are clear about their rights and responsibilities, but also avoids potential misunderstandings and conflicts.

Typically, when you are renting una habitación, your room will be your space, but you will have shared access common areas such as the kitchen, living room and bathroom. 

READ ALSO – Aval: How to get a bank guarantee to rent a property in Spain

Factors to keep in mind when renting a room in Spain:

Tenants do not have the right to continue to live in the home beyond what is stipulated in the contract, so your landlord will have greater control over the property.

It is important that the room rental contract specifies the purpose of renting the room and how long it’s for. Generally, this type of rental is regulated by the Civil Code, but it could also be subject to the Urban Lease Law (LAU), even though the existence of this type of lease is not specified.

The room should include basic furniture, and the landlord is responsible for paying the bills initially, although they may be included in the rent.

There’s no minimum legal content that room rental contracts must contain, and it is not even mandatory for it to be in writing. But it is still advisable to get one in writing in order avoid future problems.

READ ALSO: The pros and cons of signing a temporary rental contract in Spain 

According to property website Idealista, room rental contracts should contain these following elements:

  • The duration of the contract.
  • A statement saying exactly which room is being rented out.
  • The rental price, as well as the payment method with which the tenant will pay the rent and when it will be due each month.
  • The services that are included, such as the use of the kitchen and being able to connect to the internet.
  • It’s also important that there’s a clause to say how payments should be divided in case of any unforeseen circumstances.
  • It must be indicated if subletting the room is allowed or not. As stated in the Civil Code this may be possible if your contract doesn’t specifically state that you can’t.
  • If the property is rented by several people, the contract must be formalised between all tenants through a single rental contract and tenants will appear in the same contract.

READ ALSO: Is subletting legal in Spain? 

How to tell if a room rental contract is legal in Spain

For a room rental agreement to be legal, it must contain the following information:

  • Full names, DNI or NIE number, address and telephone number of both the landlord and the tenant.
  • Specify the exact address of the home, the rented room and the common areas the tenant has access to.
  • The start and end date of the contract.
  • The amount of the deposit and the return conditions. It is not mandatory to provide a deposit, but landlords can request it.
  • The monthly rent, the payment method and how to make the payment.
  • It must state who is responsible for the necessary works and repairs in the home.
  • A clause must be included stating who responsible for community expenses, water, electricity, gas, etc.
  • The text must state the conditions for termination of the contract, such as non-payment of rent or failure to comply with the rules or the landlord selling the property.
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