The Spanish Government’s crackdown on uncontrolled tourist rentals continues, with a demand that Airbnb take down tens of thousands of allegedly illegal listings — and Madrid’s top court is backing them up.
The Ministry of Consumer Affairs has ordered Airbnb to delist 65,935 holiday rental ads that allegedly ignore regional housing laws. According to the ministry, the properties are being promoted without clearly stating their registration or licence numbers — a requirement in many regions — or without disclosing whether the owner is a private individual or a company. Both are considered essential for transparency and consumer protection.
The ministry believes these omissions not only violate consumer protection rules but also mislead users — particularly as some listings include false or non-existent registration numbers. The government’s move, validated in part by the Madrid High Court, further escalates a long-running battle with Airbnb over compliance with local housing regulations.
High court backs the government — at least partially
Airbnb has challenged the enforcement in court, but Spain’s Tribunal Superior de Justicia de Madrid (TSJM) recently ruled in favour of the ministry’s first resolution concerning 5,800 of the problematic listings. The court ordered their immediate removal — a verdict that could well be a harbinger of further rulings on the remaining 60,000+ listings still under scrutiny.
The Ministry has issued three formal decisions to Airbnb’s European headquarters in Ireland. If the rulings continue to go the Ministry’s way, Airbnb may be forced to delist tens of thousands more properties — many of them located in popular tourist destinations such as Andalusia, Catalonia, Madrid, the Balearic Islands, the Valencia region, and the Basque Country.
Three key infractions identified
The Ministry outlined three legal breaches across the listings: missing or false registration numbers, obscured legal status of the hosts, and deceptive advertising practices.
The most common violation is the absence of a valid registration or licence number, which is a mandatory requirement under regional laws in many parts of Spain. Some listings also include fake or incorrect licence numbers that do not correspond to those issued by local authorities, which the ministry says can mislead prospective renters.
Importantly, many ads also fail to identify whether the rental provider is a private individual or a business. This information is critical because different consumer rights apply depending on whether a booking is from a commercial company or a fellow private citizen.
Airbnb hits back
Airbnb has pushed back against the government’s efforts, arguing that the ministry is overstepping its remit. According to a company spokesperson, “The Ministry of Social Rights, Consumer Affairs and Agenda 2030, which is not the competent authority in matters of tourism accommodation, has provided a list of ads using an indiscriminate methodology that includes listings that correctly display registration numbers and others that may not even require them, such as seasonal leases that are not considered tourist rentals.”
Airbnb has signalled its intention to continue appealing all related decisions in court, raising the prospect of a lengthy legal battle over the extent of government authority in regulating online rental platforms.
Not the government’s first tango with Airbnb
This latest confrontation is just one part of the Spanish Government’s broader efforts to rein in a holiday rental boom that it claims is aggravating the country’s housing affordability crisis, especially in cities and sought-after coastal areas.
Back in December, the ministry initiated disciplinary proceedings against a major platform — later confirmed to be Airbnb — for allowing thousands of non-compliant listings to remain live, even after being warned. At the time, the ministry warned the platform could face penalties of €100,000 or even up to six times the unlawful profits generated from those listings.
“The goal,” says the Ministry, “is to end the widespread lawlessness in the short-term rental market, ensure consumer protection, and help restore access to affordable housing.”
Whether this legal pressure campaign will bring lasting order to Spain’s unruly rental landscape remains to be seen — but with the courts now weighing in, Airbnb may be running out of places to hide.
