New Laws in Spain Governing the Impact of the Behaviour of Tourists and Foreign Nationals owning Residential Real Estate

The Spanish government has made a number of new rules and changes to existing procedures governing tourists to mitigate the impact on housing and also attempt to eradicate the unwelcome behaviour in public that is largely associated with excessive consumption of alcohol.

Whilst Spain recognises the importance of the tourist trade and the positive impact on the economy, the main concerns are that foreign nationals, the British in particular, are buying properties as holiday homes for themselves and also to let out to others which has resulted in the escalation of property prices that now prohibits many Spanish nationals from being able to afford to buy property in their home town. 

The other major issue is the behaviour of groups of tourists, often stag and hen parties, indulging in pub crawls, drinking and rowdy behaviour in the street.

Our lawyers commented: “The new regulations focus on obtaining more personal data from tourists, limiting the ability to purchase property for the purposes of rental to the extent previously permitted, and controlling disorderly, raucous behaviour, particularly late at night.” Our lawyers further pointed out: “In October this year, non-EU visitors will face biometric data requirements.”

Personal Data required for Travel

Spanish Royal Decree 933/2021 published on 26 October and now fully enforceable, for the purpose of regulating the collection, reporting and storage of personal data of guests in tourist accommodation the Decree also applies to car rental services. The main aim of the Decree is to have a thorough trackable record of all individuals staying in tourist accommodation to enhance public safety and combat fraud, terrorism and other offences such as human trafficking.

Tourists staying in a variety of establishments, hotels, Airbubs even campsites must provide a range of personal data to the organisations and individuals providing the accommodation, who then have an obligation to report this information to the Authorities. Failure to do so by hosts may result in a fine of up to 30,000 euros.

The information that must be provided is as follows:

• Full name
• Nationality
• Gender
• Date of birth
• Passport number
• Home address
• Mobile and Landline phone number
• Email address
•  Full information on how payment was made

From October this year, the Entry/Exit System (EES)

will oblige non-EU citizens to provide biometric data, facial recognition and fingerprints – recorded electronically which replaces the stamping of a passport.

There are further travel requirements planned in 2026 when the European Travel Information and Authorisations System (ETIAS) is introduced. This new travel requirement for visa-exempt foreign nationals who visit a considerable number of European countries and will pre-screen travellers and assess their potential security in the hope of avoiding any risks before they arrive at a border. Travellers will be able to apply on line and will enable a number of entries for three years or until their passport expires, whichever is the earliest date. ETIAS is not a visa, it is a travel authorisation that facilitates short term stays.

New Housing Regulations

With regard to short-term rentals, Spain has established a Unified (national) Registry for Short‑Term Rentals, requiring all short‑term and seasonal rental properties to be registered and assigned a unique registration number. This must be obtained through the Digital Single Window (Ventanilla Única Digital) or via the Registro de la Propiedad or Colegio de Registradores. The law came into force on 2 January 2025, but full enforcement, including listing removal and fines, takes effect from 1 July 2025.

Malaga is restricting the issue of new rental permits in overcrowded areas and Barcelona is planning to revoke a considerable number of licences for short-term rentals by 2028.

Behaviour in Public

The question regarding the public behaviour of tourists, especially at night, is problematic. Unsurprisingly, following the objections by the inhabitants of the most popular cities to loud noise, drunkenness, improper attire and unruly behaviour now is subject to restrictive laws. 

Many tourists are unaware that failing to comply with the police and arguing with the police are also serious offences in themselves that can result in arrest.

Beach attire, swimsuits or the lack of a shirt is not tolerated away from the beach in many places. Activities on the beach that are not permitted may include smoking, setting up tents or umbrellas, drinking alcohol, barbeques and other types of cooking or collecting shells. Also, littering may result in a fine.

Beach regulations and bylaws are set by individual municipalities and can vary significantly. It is important to check local rules and signs that are displayed on the beaches before you visit a beach to ensure that you are compliant.

Giambrone and Partners points out that there any issues or problems will not impact on your summer break in Spain if visitors are mindful and respectful. However, if you do encounter any issues, our English-speaking lawyers in our Spanish offices, as well as our Spanish lawyers in our offices in England and Wales can assist you.

If you would like to know more about how Giambrone & Partners can assist you with any issues you face in Spain please click here.