The Minister of Industry, Tourism, Innovation and Commerce, Marián Cano, has urged the central Government to immediately apply the recent Supreme Court ruling that annuls the state registry of short-term rentals. At the same time, she has called for a new phase of dialogue with the autonomous communities to establish "a coordinated system that allows for the pursuit of illegal offerings without harming those who comply with the regulations."
In a statement, Marián Cano has favorably assessed the high court's decision, which partially upholds the appeal filed by the Generalitat Valenciana against Royal Decree 1312/2024. This regulation governed the Single Registry of Short-Term Rentals, linked to tourist homes and rentals managed through digital platforms, and also provided for the creation of the Digital Single Window for Rentals.
The Generalitat had filed an administrative litigation appeal, considering that Royal Decree 1312/2024 involved a duplication of procedures and exceeded the State's competencies in tourism matters. The Supreme Court's resolution addresses these objections and redefines the scope of state regulation.
Cano has emphasized that "the Supreme Court confirms that the Comunitat Valenciana was right to warn that the model promoted by the Government generated duplications, legal uncertainty, and an overlap with regional competencies in tourism matters."
The Tourism official has remarked that the Comunitat Valenciana has had a fully operational regional registry for tourist-use homes for years, "which already guarantees the control of activity, the traceability of properties, and the legal certainty of the sector."
Furthermore, Cano has stressed that the ruling supports the objections raised by both the Generalitat and various European institutions regarding the incompatibility of subjecting the same property to multiple mandatory registration procedures. The Supreme Court recalls that the European regulation does not impose the creation of a national registry and prohibits the existence of duplications for the same property.
"We have always maintained that it was necessary to combat intrusion and strengthen control over illegal tourist rentals, but through institutional cooperation and respect for the framework of competencies, not by creating parallel structures that duplicated existing registries," the minister stated.
In coherence with this position, Cano has indicated that "the Comunitat Valenciana fully shares the objectives of the European Regulation on short-term rentals and the need to have reliable information and effective control mechanisms", although she has pointed out that "Europe opts for data coordination, not for the accumulation of registrations and administrative procedures".
Finally, the minister has specified that the Supreme Court's ruling keeps in force the Digital Single Window for Rentals, as well as the obligations of digital platforms to submit information and data exchanges for statistical purposes, areas in which the court does recognize the competence of the State.