Legal Information

Before you host: understanding your legal obligations

Becoming an OH-Stay.com Host means taking the time to understand the legal and regulatory landscape that applies to you. Short-term rental rules have changed substantially across Europe and the UK over the past two years, and they continue to evolve. We're committed to working with governments and authorities in every market we operate in, making compliance clearer and more straightforward for our hosts wherever they're based.

This page is a general guide, not legal advice. Rules differ by country, region, and municipality, and they change frequently. Before you list, please consult a qualified local lawyer or tax adviser if you have any doubts about your obligations.

1. Can you host? Planning, ownership, and community rules

Planning permission and local zoning

Local laws, planning rules, and zoning regulations directly affect your right to host. Many cities limit or prohibit short-term lets, particularly in residential areas and tourist hotspots. Examples to be aware of include the 90-night cap on whole-property short-term letting in Greater London under the Deregulation Act 2015; designated "stressed zones" (zonas tensionadas) in Spain with capped or frozen permits; Article 4 Directions in many English coastal and resort towns requiring planning permission for short-term use; quota and zoning controls in cities such as Paris, Amsterdam, Berlin, Lisbon, Florence, and Venice; and Barcelona's planned phase-out of all tourist-use licences by November 2028.

You may need to register, obtain a permit, secure planning consent, or apply for a specific licence before you can lawfully list or accept guests. Enforcement varies considerably between authorities, and penalties for non-compliance can include substantial fines, listing removal, and formal planning enforcement notices.

Property ownership and lease

If your property is mortgaged, check your mortgage agreement, standard residential mortgages typically prohibit short-term letting, and listing without lender consent can breach your loan terms. If your property is leasehold or rented, you'll usually need written permission from your freeholder or landlord. Around one in five homes in England and Wales is leasehold, and most leases restrict or prohibit business use and lettings of less than six months.

Community of owners

Where a property sits within a shared building, a comunidad de propietarios in Spain, a copropriété in France, Wohnungseigentum in Germany, or a residents' management company in the UK, the community's statutes and rules govern what is permitted. Many communities prohibit short-term tourist use, restrict guest numbers, or impose surcharges. In Spain specifically, since April 2025 new short-term rentals in shared buildings require the express approval of at least 60% of owners and ownership quotas, recorded in the community minutes. Always review your community's rules, and obtain formal consent where required, before listing.

2. Registration and licensing schemes

National and regional registration schemes have multiplied across Europe and the UK. Most markets now require some form of formal registration before a property can be lawfully advertised.

European Union

EU Regulation 2024/1028 became fully applicable on 20 May 2026, establishing common registration and data-sharing rules for hosts and platforms across all 27 EU Member States. In practice, most properties in the EU now require a registration number to be listed on any platform, including OH-Stay.com. Each Member State operates its own registration system within this harmonised framework.

Spain

Since 1 July 2025, every short-term rental property must hold a national Registration Number (NRA), issued via the Ventanilla Única Digital, in addition to any regional tourist licence (such as Andalusia's VFT/VUT, Catalonia's HUT, Valencia's VUT, or the Balearic Islands' ETV). Listings without a valid NRA must be removed by platforms within 48 hours. Fines for operating unregistered can reach €60,000.

United Kingdom

The regulatory picture differs across the four UK nations:

• England: a mandatory national registration scheme is in implementation under the Levelling-up and Regeneration Act 2023, with a planned launch in 2026 and a likely initial voluntary phase. When live, every short-term let will require a registration number to be advertised lawfully.
• Scotland: mandatory short-term let licensing has been in force since 1 October 2023 under the Civic Government (Scotland) Act 1982. All hosts must hold a council-issued licence, with four licence types (home sharing, home letting, secondary letting, and apart-hotels). Existing operators must already be licensed.
• Wales: a statutory licensing and visitor levy framework is being rolled out during 2026 and 2027.
• Northern Ireland: Tourism NI certification is required under the Tourism (NI) Order 1992.

Other markets

France, Italy, Portugal, Germany, the Netherlands, and Greece each operate their own registration regimes, typically requiring a national or municipal identifier such as a numéro d'enregistrement (France) or codice identificativo nazionale (Italy). Municipal-level requirements often go beyond national ones, check the specific rules in your city.

3. Guest data collection and reporting

Several European jurisdictions require hosts to collect guest information on arrival and submit it to public authorities, typically for public safety and crime-prevention purposes. Where this applies, the obligation rests with the host regardless of how the booking was made.

The most prominent examples are Spain and Italy. In Spain, Royal Decree 933/2021 has required hosts to submit guest data to the Ministry of the Interior via the SES.HOSPEDAJES platform within 24 hours of check-in since 2 December 2024, with records retained for three years and fines of up to €30,000 for non-compliance. Italy operates a similar system via the Alloggiati Web portal, also within 24 hours of arrival. Several other EU jurisdictions, including France, Portugal, Germany, and Greece, have their own guest-reporting regimes, each with its own scope and timing. The UK currently has no equivalent mandatory regime for short-term lets, though identity verification is good practice in any market.

4. Tax obligations

Tax treatment of short-term rentals, including income tax, VAT, occupancy and tourist taxes, and council or business-rates classification, differs significantly by country, and often by city. As a host, you're generally responsible for declaring your rental income and paying any applicable taxes both in your country of residence and in the country where the property is located. Failure to declare can result in penalties, interest, and in some cases criminal liability.

Some points worth noting:

• EU DAC7 directive. OH-Stay.com is required to report host earnings annually to the relevant tax authorities under DAC7, which applies across all EU Member States.
• United Kingdom. The Furnished Holiday Letting (FHL) tax regime was abolished from 6 April 2025, removing the previous tax advantages for holiday-let owners. Hosts must declare rental income through Self Assessment, and platforms are now required to report host earnings to HMRC. The £85,000 VAT registration threshold and the £7,500 Rent a Room allowance still apply where eligible. Local councils may apply council tax premiums of up to 100% on second homes, and properties available for letting for at least 140 days and actually let for at least 70 days may qualify for business rates instead of council tax.
• Tourist and occupancy taxes apply in many markets and are typically charged per guest per night.

In some markets, OH-Stay.com can calculate, collect, and remit certain taxes on your behalf, and we're extending that coverage as we grow. Where we don't handle collection automatically, the responsibility rests with you. Please consult a qualified tax adviser in your jurisdiction if you're unsure how local rules apply to your listing.

5. Insurance

Standard residential home insurance typically excludes short-term commercial letting. If you let your property on a short-term basis, you should hold a dedicated short-term rental or holiday-home insurance policy that covers:

• Buildings and contents appropriate to your property type, including cover for periods between bookings
• Public liability, protecting you against claims if a guest is injured or their property is damaged during their stay
• Employers' liability, if you engage cleaners, gardeners, or other staff
• Loss of rent / alternative accommodation cover for periods when the property is uninhabitable due to insured damage

Cover levels vary by market and risk profile. UK hosts typically hold public liability cover of £2 million or higher; in mainland Europe, €500,000 is a common minimum, with many hosts holding more. Public liability insurance is not currently mandatory under national law in most jurisdictions, but several regional licensing schemes and many communities of owners now require it. We strongly recommend hosts obtain appropriate cover before accepting their first guest.

6. Safety and habitability standards

Most jurisdictions impose minimum safety and habitability standards on properties used for tourist accommodation. Specific requirements vary, but common obligations include:

• Fire safety: smoke detectors on every floor, carbon monoxide alarms where required, fire extinguishers in higher-risk areas, a fire risk assessment, and furniture compliant with fire-safety regulations
• Gas safety: annual gas safety certificate issued by a qualified registered engineer (mandatory in the UK; equivalent regimes elsewhere)
• Electrical safety: periodic electrical installation condition report (EICR), every five years in the UK
• Habitability: minimum room sizes, ventilation, and sanitary facilities appropriate to the number of guests
• Guest information: house rules, emergency contacts, and tourist information available on site

By way of example: UK short-term lets require an annual gas safety certificate, a fire risk assessment, smoke and carbon monoxide alarms, and a five-yearly EICR. Andalusia (Decreto 31/2024) requires smoke detectors, fire extinguishers, a first-aid kit, a 24-hour guest contact service, a minimum of 14 m² built area per guest, and additional bathrooms for larger properties. Check your local rules carefully and obtain professional certification where doubt exists.

7. Data protection and guest information

When you collect guest data, you act as a data controller under the EU General Data Protection Regulation (GDPR), or, in the UK, the UK GDPR and Data Protection Act 2018. You are responsible for:

• Collecting only the data you genuinely need (data minimisation)
• Storing it securely and protecting it from loss or unauthorised access
• Retaining it only for as long as legally required, then deleting it
• Responding lawfully to any data subject access requests
• Informing guests clearly how their data will be used

Where mandatory guest-data reporting applies, such as Spain's RD 933/2021 or Italy's Alloggiati Web system, you must collect and retain the specified fields for the period stipulated by law, but not longer, and you should not collect personal data beyond what is required. Avoid storing passport photocopies or other excessive material unless explicitly mandated by local law.

Where OH-Stay.com collects guest data as part of the booking flow, our Privacy Policy explains how that data is handled.

8. Before you list: confirm your compliance

Before publishing your first listing on OH-Stay.com, please confirm that:

• Your property is permitted for short-term tourist use under local planning, lease, mortgage, and community rules
• You hold all required national, regional, and local registrations or licences
• You meet applicable guest-data reporting obligations
• You have appropriate insurance in place
• You meet local safety and habitability standards
• You understand your tax and data-protection obligations

Your Responsible Hosting guide is a good place to start learning what hosting looks like in your country and region. Where available, your local guide will include a "Your City's Regulations" section with specific guidance for your area.

By accepting our Terms of Service and activating a listing, you confirm that you will comply with all applicable laws and regulations relating to your property.