Is Airbnb legal in San Sebastian?

San Sebastian has seen a significant tightening of regulations surrounding short-term rentals like Airbnb, particularly due to the city's desire to manage tourism growth and preserve housing for its residents. Here’s a brief overview of the key regulations:

1. Permit Requirements: To operate a short-term rental, property owners must register their properties with the Basque Country’s Tourism Registry and secure a tourist rental permit. This requires submitting a declaration of tourist use and meeting specific safety and habitability standards dictated by local law.

2. Zoning Restrictions: As of October 2023, San Sebastian has banned the issuance of new short-term rental licenses in central districts (Centro-Parte Vieja, Gros, Antiguo-Ondarreta, Ibaeta, and Paseo de Francia) to mitigate saturation and maintain residential availability.

3. Rental Guidelines: Hosts can only rent entire homes unless they reside on-site. Properties must meet strict safety standards (from Decreto 13/2016) and must display their permit number on all rental platforms.

4. Tax Obligations: Short-term rental hosts must collect and remit VAT, personal income tax on profits, and a Basque Country tourist tax. These financial responsibilities necessitate detailed record-keeping.

5. Enforcement: The city has ramped up its enforcement efforts, monitoring platforms like Airbnb for unlicensed rentals and imposing fines for non-compliance. This increase in scrutiny has made operating without a permit riskier.

6. Community Sentiment: Feedback from hosts indicates frustration with the bureaucratic processes involved in obtaining permits and concerns over the crackdown on unlicensed properties. Nonetheless, many hosts recognize the profitable potential of compliant rentals.

In summary, while operating a short-term rental in San Sebastian can be lucrative, it requires adherence to a newly stringent set of regulations designed to balance the tourism industry with the needs of local residents. Prospective hosts are advised to seek expert advice and stay informed about ongoing regulatory changes.