Identification of the guests

BOE of Royal Decree 933/2021, of 26 October

The Royal Decree 933/2021, of October 26, is a significant piece of legislation in Spain that affects the tourism and holiday rental industry. It is part of the broader regulatory framework designed to improve security and control in the sector, ensuring that holiday rentals are operated legally and transparently. Here's a breakdown of the key points of this law:

1. Objective of the Law

The main purpose of Royal Decree 933/2021 is to regulate the obligation of registering guest information for holiday rentals and other tourist accommodations. This is part of the broader effort to combat illegal activities such as fraud, human trafficking, and terrorism, by ensuring that authorities have accurate data on individuals staying in tourist accommodations.

2. Scope of Application

• Who is Affected? The decree applies to all types of tourist accommodations in Spain, including hotels, hostels, apartments, and specifically holiday rentals, which are often listed on platforms like Airbnb.
• What is Required? Property owners and managers are required to collect, store, and report detailed information about their guests. This includes personal identification data, as well as information about the stay.

3. Guest Registration

• Mandatory Registration: Property owners must collect personal information from all guests. This includes full names, nationalities, identification documents (such as passport or ID numbers), dates of stay, and other relevant details.
• Reporting to Authorities: This information must be reported to the relevant local authorities, typically the police or the Guardia Civil, within a specific timeframe (usually 24 hours after the guest's arrival).

4. Digital Records and Data Management

• Digital Obligations: The decree requires that all guest information be recorded and stored digitally. Property owners must use approved software to ensure the data is securely handled and easily accessible for authorities.
• Data Retention: The data collected must be kept for a minimum of three years, allowing authorities to access it if necessary for investigations.

5. Fines and Sanctions

• Non-Compliance: Failure to comply with the obligations set out in the decree can result in substantial fines and penalties. The amount of the fine can vary depending on the severity of the infraction.
• Enforcement: Local authorities are responsible for monitoring compliance and enforcing the law. This can include inspections and audits of property records.

6. Impact on Holiday Rental Sector

• Increased Responsibility: The law imposes additional administrative burdens on property owners and managers, who must now ensure they are compliant with these reporting and data management requirements.
• Legalization and Control: This decree is part of Spain's broader effort to regulate the tourism industry more tightly, particularly the growing holiday rental market. It seeks to ensure that all rentals are operating within the legal framework, paying appropriate taxes, and contributing to public safety.

7. Exemptions and Special Cases

• Special Circumstances: There are some exceptions and specific provisions for certain types of accommodations or circumstances, though these are limited and require proper documentation to justify.

Conclusion:

Royal Decree 933/2021 significantly tightens the regulatory framework around holiday rentals in Spain. It emphasizes the importance of security and transparency in the tourism sector, placing more responsibilities on property owners to ensure their operations are legal and that they are accurately reporting guest information to authorities. Compliance with this law is crucial for those operating in the holiday rental market to avoid penalties and legal issues.