The LAU and holiday letting: which rules apply?
Spain’s Urban Leases Act (LAU) regulates different uses and has changed since this article was first published. The reform published on 7 October 2026, in force from the 8th, means older explanations of temporary housing and holiday letting need to be reviewed.
Before choosing a contract, establish how the property will be used, what is being let, for how long and which legislation applies. The listing’s wording or an eleven-month term does not settle that classification.
Keep the signing date and background documents for existing contracts. The reform includes transitional rules, so an earlier contract and a new letting may need different treatment.
Does the rental law reform affect holiday accommodation?
The tourist letting exclusion in article 5.e depends on the applicable sector-specific rules. Not every short stay falls outside the LAU simply because it is advertised as a holiday rental.
The October 2026 wording covers letting all or part of a property according to the relevant tourism rules and sets a maximum of 31 days for that letting. This does not, by itself, authorise models that regional regulations do not permit.
Consult the current text and its territorial application before following a contract template. For Madrid, also review the tourism and planning rules.
Temporary housing is now defined in article 2 for housing needs during a temporary relocation with a justified, demonstrable reason. It should not automatically be classified as use other than housing based on an old guide.
The contract date matters: the eighth transitional provision addresses earlier seasonal contracts and their expiry. Before renewing or changing the operation, check the applicable regime.
The owners’ community must also be checked
Contractual classification does not replace checks on the owners’ community, planning and tourism requirements. Organise these checks before advertising or changing the use.
The Horizontal Property Act requires the owners’ community’s prior express approval to begin the tourist activity it regulates, under articles 7.3 and 17.12. Also review the building’s statutes and resolutions.
The statutory majority refers to three fifths of all owners and ownership shares. Existing activities require their conditions to be checked; it is not enough to claim that every older holiday property is automatically protected.
What to prepare for a review of your case
- The address, actual use and part of the property you intend to let.
- Existing planning and tourism documentation.
- Relevant owners’ community statutes and resolutions.
- The current contract, date and reason for the stay, where applicable.
- Services offered, marketing channels and proposed changes.
This information allows a specific case to be assessed. A general answer in a blog should not be the sole basis for deciding on a purchase, opening an operation or replacing a contract.
