Pilar Martínez

Málaga

Monday, 2 February 20, 17:31

The European Technical Regulation Information System Tris has warned Spain of its violation of internal market regulations due to the existence and maintenance in Spain, duplicate registers.

It has led to a legal fight between the central administration and the regional government.

The warning concerns the government’s Registro Único de Viviendas (single housing registry) and the Andalusian regional government’s Registro de Turismo.

The European Commission does not allow the registration of a single property in both countries.

Tris has directed that both the central government and the regional governments come up with a solution. Arturo Bernal, the Regional Minister of Tourism, responded by saying that this irregularity had already been included in the case against the central government’s single registry at the Supreme Court.

Tris must intervene if there is no agreement between the central and regional governments (Juntas) before the deadline.

“We’re absolutely sure that our law will remain in place, because we’ve had it before the central government. We also have the authority to regulate our tourism.” Bernal said, “It is obvious to us that the state must remove the law on the single registry.”

Bernal says that Tris will decide in favor of the Andalusian Registry, because it “applies the principles of EU law”. According to the regional minister, Tris requires member states notify Brussels about draft laws which may impact the internal market and the free provision or services such as digital platforms. The purpose of Tris is to prevent the adoption of laws that are incompatible European law.

“When a Tris is issued by the Commission, it is a legal decision that must be considered by each member state.

Bernal: “In this instance, the Commission stated that the European regulation regarding short-term rental expressly states that a accommodation unit may not undergo more than one registration procedure.”

Silvia Blasco Benito is the president of Spanish accommodation associations Fevitur and Artur CV. She has also supported this announcement. Blasco said that “this decision clearly dismantles a Spanish control model built on redundant registers and windows, as well as obligations which do not deliver real efficiency”. Blasco stated that the “ruling is general and impacts the entire Spanish regulatory system”.

Fevitur is also against the central government’s plan to create “a duplicate state registry” which forces “fully legal operators – both private owners and managers – to leave the market.

Fevitur warned the Spanish government that it exposes itself financially to liability claims and European sanction proceedings. It must therefore take action by 20 May 2026. Legal uncertainty is not an effective tool for public policy. Spain can’t be duplicitous if Europe wants interoperability,” Blasco said.