The Supreme Court has annulled the single registry of short-term rentals provided for in Royal Decree 1312/2024, of December 23, concluding that the General State Administration does not have the competence to impose a complete regulation of a national registry that "overlaps with existing regional registries regarding the registration of properties intended for tourist rentals".
The high court partially upholds the appeal filed by the Generalitat Valenciana and limits the nullity exclusively to the articles through which said state registry was configured and launched.
On the other hand, it maintains the validity of the regulations related to the digital single window for rentals, as well as the obligations for online platforms to submit information and the data flow for statistical purposes.
In its ruling, the Supreme Court examines and dismisses various grounds of competence invoked by the State: civil legislation and the organization of public registries and instruments (Article 149.1.18 of the Constitution), the basic conditions that ensure the equality of all Spaniards in the exercise of rights and the fulfillment of constitutional duties (Article 149.1.1 of the Constitution), the bases and coordination of the general planning of economic activity (Article 149.1.13 of the Constitution), and statistics for state purposes (Article 149.1.31 of the Constitution).
The annulled instrument had entered into force on January 2, 2025, although its effective enforcement did not begin until July 1 of the same year, once the transitional period provided for companies and public administrations to adapt to the obligations set out in the regulation had concluded.
((TO BE EXPANDED))