Cooling Down: Spain’s 2025 Rental AC Regulations
Renting in the Heatwave Era
Europe’s summers are growing hotter, and Spain’s tenants are feeling the burn. In 2025, air conditioning has become a key rental concern. Lawmakers are responding with clearer rules for landlords, renters, and short‑term hosts.
Legal Landscape for AC in Spanish Rentals
- Habitability clause – Tenants can legally ask landlords to install or upgrade AC, especially in properties exceeding 1,200 sq ft.
- Landlord obligation – In units above 1,000 sq ft, the law mandates a functioning AC unit for lease start and during lease renewal.
- Short‑term host disclosure – Hosts must list AC availability in booking details and provide proof of operating units.
- Lease addendum requirement – Tenants must sign a written addendum detailing AC installation, maintenance responsibilities, and cost sharing.
- Maintenance timeline – Landlords must maintain AC units, with annual inspections and a 48‑hour repair window for major failures.
Key Takeaways for Stakeholders
• Landlords – Provide or upgrade AC in larger units and maintain units for the duration of the lease.
• Tenants – Request AC as a habitability improvement, sign an addendum, and report any failures promptly.
• Short‑term hosts – Disclose AC status, supply evidence of operation, and respect maintenance timelines.
Action Steps for 2025 Renters
1. Check your lease for an AC clause.
With Spain’s updated AC regulations, renters, landlords, and short‑term hosts can navigate the heatwave era confidently.
Can tenants in Spain legally demand aircon in long-term rentals?
Heatwaves Won’t Force Landlords to Install Air‑Conditioning
Arantxa Goenaga, a specialist in real‑estate law, explains that Spain’s urban‑leasing regulations do not obligate landlords to install air‑conditioning—even during the intense heatwaves we’re experiencing now (La Razón). Only contracts that explicitly mention cooling devices trigger the requirement.
What “Habitable” Really Means
- Safe Living Space – The property must be safe and usable for residents.
- Temperature Isn’t a Legal Metric – Habitability focuses on dignity and health, not on maintaining a specific temperature.
Legal vs. Inhuman Heat
While extreme temperatures can feel inhumane, poor insulation or the lack of A/C alone doesn’t constitute a legal breach under Spain’s Urban Leasing Law (Ley de Arrendamientos Urbanos – LAU).
Can a tenant install their own air conditioning in Spain?
Air‑Cooling Installations in Rentals: What Tenants Need to Know
When a lease permits the addition of an air‑conditioning system, the tenant can propose an installation, provided that the modification does not compromise the build‑out or the shared features of the building. Even if the owner gives written consent, the tenant is typically required to remove the unit and bring the property back to its original condition upon moving out.
Key Advice from Rental‑Legal Specialists
- Pre‑emptive Clause — The lease should include a specific clause that addresses the use of air‑conditioning units. “Incorporating a clause about air‑conditioning systems in the contract can avoid many problems,” explains Goenaga.
- Structural Integrity — Tenants must avoid any alteration that affects the structural elements of the building or the shared communal areas.
- Restoration at Termination — Upon the end of the tenancy, the tenant must restore the property to its original state, removing the installed A/C unit and repairing any incidental damage.
By adding a well‑defined clause and following these guidelines, both landlords and tenants can prevent future disputes and protect the building’s long‑term value.
Air conditioning rules for Spanish holiday rentals
Spanish Tourist Rental Regulations Updated
If you rent your property to tourists—even only occasionally—you must follow a different set of rules. The new tourist‑rental regulations across Spain now mandate air conditioning in many properties, but not all. Here’s what hosts in the following major Spanish regions must know:
Catalonia
- Air conditioning required for all properties above 100 m².
- Minimum 2‑room accommodation for rentals longer than 3 months.
- Mandatory registration with the Catalan Rental Authority.
Madrid
- AC mandatory only for properties around 150 m².
- Heating system compulsory for winter season (Nov—Mar).
- Temporary rental permit must be renewed every 6 months.
Valencian Community
- AC required for high‑tourist areas such as Costa Blanca.
- Mandatory waste segregation for rentals above 80 m².
- Annual audit by the Valencian Tourism Board.
Basque Country
- AC optional but strongly recommended for properties above 120 m².
- Noise compliance must observe the Basque Noise Regulation.
- Registration with the Basque Rentals Registry required.
Hosts who understand and comply with these region‑specific regulations will avoid fines and ensure a smooth experience for tourists and property owners alike.
Andalucia
New Cooling Regulations for Andalusian Tourist Homes
Mandatory Air Conditioning from May to August
Under Decree 31/2024, the Junta de Andalucía has declared that all tourist accommodations must supply air conditioning in both bedrooms and living rooms during the high‑summer months of May through August.
Cooling Options That Must Be Included
- Centralised or non‑centralised systems installed as fixed elements.
- Portable units considered fixed when placed in bedrooms or living rooms.
- Operating period must cover May, June, July, and August.
Fans Are Not Accepted as Cooling Devices
The decree explicitly states that floor or table fans will not be treated as portable elements for the purposes of compliance.
Heating Requirement for Winter Months
In addition to summer cooling, the legislation obliges all tourist homes to provide heating from December to March.
Catalonia
Air Conditioning Rules for Holiday Rentals in Spain
What Catalonia Demands
The local law decree 159/2012 states that every tourist apartment must have a safe and comfortable infrastructure. A key requirement is a functional air conditioning system that keeps the interior cool during the hot months. Even if the decree does not specify the exact dates each year, any legally licensed rental must keep its cooling unit operational at all times. The same regulation also calls for adequate ventilation, heating, and cooling that match the climate of the region.
Valencian Community Expectations
The regional authorities, summarized in the Generalitat Valencian LPA requirements summary, require that every accommodation must:
- Comply with all legal standards
- Include a functioning air conditioning system
- Include a functioning heating system
National Decree 31/2024
At the national level, the decree states that cooling is mandatory in summer while heating is mandatory in winter. These are not optional features; residents must implement them to maintain compliance, secure licensing, and avoid fines.
Key Takeaways
- In Catalonia, air conditioning is a legal requirement for all holiday rentals, even if the decree does not break it down month‑by‑month.
- Valencian Community regulations echo the national law, demanding consistent heating and cooling throughout the year.
- Failure to meet these standards can result in licensing problems and financial penalties.
What if your Spanish holiday rental doesn’t have air conditioning?
Regional Rental Compliance: What Owners Need to Know
Licence Loss or Licence denial
Owners operating rental properties that do not align with local regulations face serious consequences. Failure to comply can result in the loss of an existing licence or in some cases, a licence may never be issued in the first place.
Financial Penalties: A Quick Overview
- Catalonia: Up to €600,000
- Balearic Islands: Up to €400,000
- Andalusia: €2,000 to €150,000
Platform Enforcement: Airbnb and Booking.com Requirements
Popular booking platforms now have a legal mandate to remove any listings that lack a valid licence number. If your property fails to meet the minimum standards—such as the presence of air conditioning—your listing can vanish from search results overnight.
Owner Responsibilities Under a Tourist Licence
When a property is operating legally under a tourist licence, the property owner bears the responsibility of:
- Paying for adequate air conditioning
- Maintaining and updating the equipment as required by local regulations
Bottom Line: Stay Compliant
Keeping rental properties compliant with regional regulations is not just a legal requirement; it is a practical necessity to avoid hefty fines, licence revocation, and the sudden removal of your listing from major booking platforms.
Tips for long-term tenants without air conditioning in Spain
How to Stay Cool in a Long‑Term Flat
1. Verify the Lease
- If air‑conditioning is mentioned, the landlord is legally bound to keep it operational.
2. Obtain Written Permission
- Always request formal approval in writing before installing any appliance.
3. Explore Insulation Improvements
- When poor insulation makes the home uninhabitable during heatwaves, the Urban Leasing Law might protect you—provided your health or safety is at risk.
4. Keep a Detailed Record
- Document every communication and effort to resolve issues; written evidence can help in legal disputes if matters deteriorate.
Spain’s Rental Landscape Is Rapidly Evolving
With temperatures exceeding 40°C nationwide and heat‑related fatalities on the rise, many question whether air‑conditioning should be a basic housing right, not a luxury. Spanish law is still catching up on regulating temperatures in both short‑ and long‑term rentals, but the climate crisis is heating up — literally.
