Introduction

At OH-Stay.com, we have compiled this resource to assist our hosts in understanding their responsibilities and to offer a general overview of the legal, regulatory, and practical considerations pertinent to hosting. Hosts are required to adhere to our Hosting Standards and to ensure full compliance with all laws and regulations applicable to their specific location and situation. Please note that this article is not comprehensive and does not constitute legal or tax advice. We advise hosts to conduct their own due diligence, as the information provided may not be updated in real time. Ultimate responsibility for verifying, interpreting, and complying with all information presented herein rests with the host.

Table of contents

• Health and Cleanliness

• Local Regulations

• National Taxes

• Regulations and Permissions

• Safety

• Good Manners

• Insurance

• Other Hosting Information

Health and Cleanliness

Information about OH-Stay.com's cleaning protocols can be found in our Responsible Hosting Guide.

Cleaning protocols and regulations
You can find more general information about COVID-19 related measures on the official page of the Spanish Government.
For cleaning and disinfection guidelines, see the Spanish Government’s non-mandatory protocols for hospitality and tourism and the European Centre for Disease Prevention and Control (ECDC) recommendations.

National taxes

Taxation is a multifaceted area, and your specific tax obligations can vary significantly based on your individual circumstances. We strongly recommend that you research your responsibilities thoroughly or consult with a qualified tax professional for personalized advice.

Generally, any money you earn as a Host on OH-Stay.com is considered taxable income. This income may be subject to various taxes, including but not limited to rental tax, income tax, or VAT.

Tax forms for Spain are usually due by 30 June each tax year for regular residents. Non-resident taxpayers must file and pay quarterly (usually by the 20th day of the month following each quarter). Check with the Spanish Tax Agency (AEAT) to find out if you need to declare the amount you earn from hosting, which you can find in your Host earnings summary. It’s also a good idea to find out if you’re eligible for credits like tax reliefs and allowances.

See our FAQ page on tax data sharing in Spain for information about how OH-Stay.com shares tax-related data with Spanish tax authorities.

DAC7 – EU Data Sharing
DAC7 refers to EU Council Directive 2021/514, which requires online platforms such as OH-Stay.com to collect and report taxpayer information on certain platform users who earn income on the platform. If you have a listing for a property located within one of the 27 EU Member States or you are resident in an EU Member State, DAC7 applies to you.
A person is “resident” for DAC7 purposes in a country in which the person has their primary address and, in addition, any other country in which the person has been issued with a tax identification number (TIN).
For more details, see our FAQ on DAC7 data sharing.

Regulations and permissions

It's crucial to verify your eligibility to host on your property. Potential restrictions may include contractual agreements, legal statutes, and community regulations. For comprehensive information regarding regulations, restrictions, and obligations relevant to your circumstances, please consult with a legal professional or local authority. This section offers general information on hosting permissions as a preliminary resource.

National registration requirements
Hosts offering short-term rental accommodations must obtain and display their registration number when listing their properties on online platforms. It’s essential to keep unit information up to date and respond to any requests for information from the relevant authorities. Learn how to obtain a national registration number via Spain’s one-stop portal: Ministry of Housing – Ventanilla Única (alojamiento de uso turístico).

Contractual agreements and permits
Sometimes leases, contracts, building regulations, and community rules have restrictions against subletting or hosting. Review any contracts you’ve signed or contact your landlord, community council, or other authority. You might be able to add an addendum to clarify concerns, responsibilities, and liabilities.

Mortgage restrictions
If your property has a mortgage (or any form of loan), check with the lender to make sure that there aren’t restrictions against subletting or hosting.

Subsidised housing restrictions
Subsidised housing usually has rules that prohibit subletting without permission. Check with your housing authority or housing association if you live in a subsidised housing community and are interested in becoming a host.

Housemates
Help your housemates understand what they can expect if you’re hosting in your own home. Consider a housemate agreement covering frequency of hosting, how guests will follow house rules, revenue sharing, and more.

EU consumer protection law
According to EU consumer protection law, when you commercially offer goods or services online, you’re required to provide customers with specific information. When you host through OH-Stay.com, it’s considered a service. See the European Commission’s consumer protection overview and Spain’s consumer information portal: Ministerio de Consumo – derechos del consumidor.

Rent control
If you live in rent-controlled or rent-stabilised housing, there may be special regulations that apply to you. Contact your local Housing Office or the competent authority for more information.

Misuse
We’ll take appropriate action if anyone notifies us of potential misuse and we provide guidance to help local authorities report housing misuse.

Safety

We care about the safety of Hosts and their guests. You can improve your guests’ peace of mind by providing a few simple preparations like emergency instructions and noting any potential hazards.

Emergency contact information
Include a contact list with the following phone numbers:

• Local emergency numbers (Spain’s general emergency number is 112)

• The number for the nearest hospital

• Your contact number

• A number for a backup contact (in case guests can’t reach you)

It’s also a good idea to make sure guests know the best way to contact you in case of an emergency. You can also communicate with guests using messages on OH-Stay.com as an alternative.

Medical supplies
Keep a first aid kit and let guests know where it is. Check it regularly so you can restock supplies if they run out.

Fire prevention
If you have gas appliances, follow any applicable gas safety regulations and make sure you have a working carbon monoxide detector. Provide a fire extinguisher and remember to maintain it regularly.

Exits
Ensure you have a clearly marked fire escape route. Post a map of the route so it’s easy for guests to see.

Hazard prevention

• Inspect your home to identify any areas where guests might trip or fall

• Remove the hazards you identify or mark them clearly

• Fix any exposed wires

• Make sure your stairs are safe and have railings

• Remove or lock up any objects that may be dangerous to your guests

Child safety
Some guests travel with young family members and need to understand if your home is right for them. You can use the Additional notes section of Listing details in your OH-Stay.com account to indicate potential hazards or indicate that your home isn’t suitable for children and infants.

Climate control
Working appliances, like furnaces and air conditioners, can greatly affect your guests’ comfort during their stay.

• Make sure your home is properly ventilated

• Provide instructions on how to safely use the heater and air conditioning

• Check that the thermostat is working correctly and make sure that guests know where to find it

• Service the appliances regularly

Occupancy limits
Establish safe occupancy limits. Your local government may have guidelines.

Courtesy

Part of being a responsible host is helping your guests understand best practices for interacting with your community. When you communicate local rules and customs with your guests, you’re helping to create a great experience for everyone.

Building rules
If your building has common spaces or shared amenities, let guests know the rules for those places.

House rules
You can include your house rules in the Additional notes section of Listing details in your OH-Stay.com account. Guests usually appreciate it when you share expectations upfront.

Neighbours
It’s usually a good idea to let your neighbours know if you’re planning to host. This gives them the chance to share any concerns or considerations.

Noise
Guests book through OH-Stay.com for lots of reasons, including vacations and celebrations. Let your guests know how noise impacts neighbours early on for a smoother experience. To limit disturbances, you can:

• Implement a quiet hours policy

• Not allow pets

• Indicate that your listing isn’t suitable for children or infants

• Prohibit parties and additional unregistered guests

Parking
Communicate any parking rules for your building and neighbourhood to your guests. Examples:

• Only park in an assigned space

• Don’t park on the west side of the street on Tuesdays and Thursdays due to street cleaning

• Street parking is only available from 7 pm–7 am

Pets
First, check your lease or building rules to make sure there isn’t a restriction on pets. If you allow pets, share good places to exercise them and where to dispose of waste. Provide a backup plan (e.g., a nearby kennel) in case a guest’s pet upsets the neighbours.

Privacy
Always respect your guests' privacy. Be transparent about any allowed surveillance devices and comply with local laws and data-protection rules.

Smoking
If you don't allow smoking, post signs to remind guests. If you do allow smoking, provide ashtrays in designated areas.

Insurance

Work with your insurance agent or carrier to determine what kind of obligations, limits, and coverage are required for your specific circumstances. We strongly encourage all hosts to review and understand the terms of their insurance policy coverage. Not all insurance plans will cover damage or loss of property caused by a guest who books your accommodation.

Liability and basic coverage
Review your homeowner's or renter's policy with your insurance agent or carrier to make sure your listing has adequate liability coverage and property protection.

Important: Hosts are solely responsible for their conduct and compliance. OH-Stay.com does not control individual host behaviour and is not liable for their actions. Non-compliance may result in suspension or removal. OH-Stay.com is not responsible for the accuracy of information on third-party sites linked in this resource.