PUBLIC LAW DIVISION
The creation of the Single Register of Rentals was intended to become one of the principal regulatory developments affecting the short-term rental market for properties marketed through digital platforms. The objective was clear: to provide greater transparency in the market, facilitate the identification of properties and bring Spanish legislation into line with Regulation (EU) 2024/1028, concerning the collection and sharing of data relating to short-term accommodation rental services.
However, the recent Judgment of the Spanish Supreme Court of 19 May 2026 introduces an important correction by declaring several provisions of Royal Decree 1312/2024 of 23 December null and void. Far from calling into question the European model for the exchange of information, the Supreme Court focuses its analysis on the manner in which the State chose to implement it and on compliance with the constitutional division of powers.
Regulation (EU) 2024/1028 requires Member States to establish registration procedures enabling the identification of units intended for short-term rental and to put in place a system for the exchange of information through a single digital entry point. However, the Regulation itself leaves each State free to organise that system in accordance with its internal structure and allows for the existence of one or more registration procedures, provided that the same unit is not subject to more than one such procedure.
When the European Regulation was adopted, Spain already had regional registers for tourist-use properties, established pursuant to the powers held by the Autonomous Communities in the field of tourism. Royal Decree 1312/2024 nevertheless opted to establish a single nationwide registration procedure linked to the Land Registry, extending it to all forms of short-term rental offered through digital platforms.
It is precisely this issue that lies at the heart of the Supreme Court’s judgment. The Court considers that the procedure established cannot be justified under the State’s power to regulate public registers, as provided for in Article 149.1.8 of the Spanish Constitution. This is because the register in question is not a legal register intended to provide public notice of rights in rem or acts having civil-law significance, but rather a register of an administrative nature directly connected with the regulation of housing and, in certain cases, tourism activities. Consequently, the Court finds that the constitutional power relied upon is insufficient to justify the registration system established by the Royal Decree.
The judgment also recalls that the European Regulation did not require the creation of a single national register, nor did it require the replacement of the existing regional registers. On the contrary, it allowed previously established procedures to be adapted, provided that the essential rule was respected that the same accommodation unit should not be subject to more than one registration procedure. From this perspective, the Court considers that the model established by the Royal Decree creates an overlap with the existing regional registers that is difficult to reconcile with the objective pursued by the European legislation.
The importance of this ruling extends beyond the Single Register of Rentals itself. The judgment serves as a reminder that adapting domestic law to European Union legislation does not permit the constitutional division of powers to be altered or organisational solutions to be introduced that go beyond the powers attributed to the State. Legitimate objectives, such as improving market transparency or strengthening administrative control mechanisms, must be pursued in a manner that respects both the domestic division of powers and the framework established by the European legislature.
From a practical perspective, the ruling does not abolish the European system for the exchange of information concerning short-term rentals, nor does it call into question the need for effective mechanisms to identify properties advertised on digital platforms. What it does require is a reconsideration of the legal instrument used to achieve those objectives and a review of the relationship between the State system and the existing regional registers.
It now remains to be seen how the legislature will respond. The alternatives include adapting the Royal Decree to the criteria established by the Supreme Court or promoting legislative reform that provides a sufficient constitutional basis and makes it possible to design a system fully compatible with both the Spanish legal system and Regulation (EU) 2024/1028.
