Regio decreto spagnolo 933/2021: domande frequenti

The Royal Decree 933/2021 of October 26th concerning data sharing obligation in Spain entered into force on January 2, 2023. The Decree establishes the obligations of documentary registration and information of natural or legal persons who carry out lodging and motor vehicle rental activities (“Royal Decree 933/2021”).

When will the obligations under Royal Decree 933/2021 be enforceable?

The Spanish Ministry of Interior has established an “adaptation period” for the full enforceability of the Royal Decree 933/2021 until October 1, 2024.

Which are the obligations foreseen under Royal Decree 933/2021?

Royal Decree 933/2021 foresees different kinds of obligations:

• Documentary registration: The obligated subjects must keep a digital record of all the data required under Royal Decree 933/2021. This record will need to be kept for 3 years after the check out date. Please note that non-professional hosts will not need to comply with this obligation.
• Data sharing: The obligated subjects will need to register themselves and their accommodations with the Ministry of Interior. Additionally, the data required under Annex I (in particular Sections 3 and 4) will need to be reported for each booking.

Which are the “obligated subjects” under Royal Decree 933/2021?

All natural persons or legal entities carrying out or intermediating in hosting activities in properties located in Spain.

Who is responsible for sharing this information with the authorities? Will Airbnb report this information on my behalf?

As mentioned above, this data sharing obligation is for both platforms and hosts. Airbnb will report information about your bookings but you will also need to report this data to the authorities separately.

Is this obligation applicable to me if I’m not a Spanish resident?

Yes, this obligation is applicable to all hosts with properties located in Spain.

If I offer accommodation to guests in my main home, am I obliged to report the data of my guests?

Yes, you are. With the aim of guaranteeing citizen security, the registration of guests is mandatory for all types of lodging establishments in Spain.

Where should I register my accommodation to start reporting my guests’ personal data and stays?

You should register on the official site of the Ministry of Interior. Get more information about the registration process.

Which information do I need to share with Spanish authorities under Royal Decree 933/2021?

You will need to share information about the owner of the property/the company managing the rentals of the property, the property that is being rented, the guests that stay at it and the rental transaction itself. More information about the exact data that needs to be shared can be found in Annex I of the Royal Decree 933/2021. Please note that the data points to be shared might change depending on whether you are carrying out a professional or non-professional activity.

How do I need to report this information to the Spanish authorities?

According to the aforementioned Royal Decree 933/2021, professional hosts will need to report the information using an electronic platform that will be launched by the Ministry of Interior. Get more information about this platform.

For non-professional hosts, the Royal Decree 933/2021 foresees the option to report the data without using this platform. This process will be defined by competent authorities.

What sanctions can I receive if I do not comply with this reporting obligation?

To send false data, errors in guests data, partial omission of the data or to send the data too late is considered mild infringement, and the sanctions range from € 100 to € 600.

Not being registered as an accommodation provider and/or not reporting guests to the authorities is a serious infringement, and the sanctions range from € 601 to € 30,000.

What can I do if a guest doesn't want to provide identifying personal data?

You can deny the access to your accommodation to guests who do not identify themselves with all the required data.