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This article was updated in October 2025 to reflect the latest regulatory developments, including the Le Meur Law of November 2024 and the concrete results observed since the compensation principle came into effect in March 2023.
Do you have a furnished property for rent on the Basque Coast? On March 5, 2022, the Basque Country Agglomeration Community adopted new regulations for tourist rentals, which went into effect on March 1, 2023. This regulation, based on the principle of compensation, is now being enforced and has produced concrete results: a 92% decrease in change-of-use authorizations was recorded between March 2023 and March 2024.
Since November 2024, the Le Meur Law has strengthened these local regulations by introducing new national-level tools. As an Airbnb property management expert in the Basque region, Welkeys is here to help you understand and comply with these regulatory changes. Let's take a detailed look at what currently applies to tourist rentals on the Basque Coast.
Current regulations for tourist rentals on the Basque Coast
Since March 1, 2023, to list a property for short-term rental on the Basque Coast, you must first apply for a change-of-use authorization subject to the principle of compensation. These authorizations are limited by municipality and only apply to the rental of secondary residences. Primary residences rented for fewer than 120 days per year do not require a change-of-use authorization (this threshold could be lowered to 90 days by municipalities as of January 2025, but Basque Country municipalities are still applying the 120-day threshold as of October 2025).
Next, you must register your property as a tourist rental. In some Basque Country municipalities, it is mandatory to obtain a registration number to be displayed on seasonal rental platforms. Finally, once your seasonal rental is active, you must pay the tourist tax.
The regulations in effect since March 2023 have profoundly impacted change-of-use authorization requests by establishing the principle of compensation as a mandatory condition for obtaining these permits.
What should I do if I have a pending change-of-use authorization?
Owners who obtained a change-of-use authorization before March 1, 2023, were able to continue their rentals until their authorization expired (valid for 3 years). The last authorizations obtained before March 2023 will expire in 2026. Upon expiration, owners must comply with the principle of compensation to obtain a new change-of-use authorization.
Current regulations for tourist rentals
The principle of compensation: overview and operation
The regulations in effect since March 1, 2023, are based on the principle of compensation and have introduced a new step in the rental process. Basque Country officials implemented this condition to regulate the decline in residential housing in the region, curb rising purchase and rental prices, and reduce conflicts of use between residents and vacationers.
Since its implementation, the results have been significant: between March 2023 and March 2024, a 92% decrease in change-of-use authorizations was observed. Only two owners successfully obtained an authorization by fully complying with the compensation principle, while 250 authorizations for mixed rentals (9-month student housing + summer tourist rental) were issued in 2023.
This compensation involves listing a property for seasonal rental, which must be offset by listing a residential property for long-term rent. In this way, the housing stock in Basque Country municipalities where a property is rented for short-term stays will continue to offer the same number of long-term rental units.
Compensation required for change-of-use authorization
Compliance with this compensation is verified at the time of the change-of-use authorization request. The authorization is only granted if the compensation principle is met; otherwise, it is not possible to rent a secondary residence as a seasonal rental. Since November 2024, the Le Meur Law has increased penalties: the maximum fine for violating the compensation principle has risen from €50,000 to €100,000 per illegal tourist rental.
The change-of-use authorization will be granted and the compensation principle will be considered satisfied if:
The second property being listed is a space not intended for residential use (office, commercial) that has been converted into a dwelling. The surface areas of the two properties are at least equivalent. Both properties are located in the same municipality. The converted commercial space may be on the ground floor, but its storefront must not face the public domain.
If these criteria are met, you will obtain a change-of-use authorization and will therefore be able to rent one of the two properties as a seasonal rental and the other as a long-term rental or a mixed rental (9 months for a student + summer tourist rental).
Furthermore, it is now possible to purchase "commerciality rights" from others to acquire premises and convert them into housing in order to meet the criteria of this new legislation.
Who is affected?
The affected municipalities are: Ahetze, Anglet, Arbonne, Arcangues, Ascain, Bassussarry, Bayonne, Biarritz, Bidart, Biriatou, Boucau, Ciboure, Guéthary, Hendaye, Jatxou, Lahonce, Larressore, Mouguerre, Urrugne, Saint-Jean-de-Luz, Saint-Pierre d’Irube, Urcuit, Ustaritz, and Villefranque.
In these municipalities, individuals and legal entities must apply the compensation principle.
Owners who rent out their primary residence on a seasonal basis for up to 120 days per year are not subject to the compensation principle. However, they must register their property with the municipality and pay the tourist tax.
Note: Since January 2025, the Le Meur law allows municipalities to lower this threshold from 120 days to 90 days per year. As of October 2025, the municipalities in the Basque Country have not yet adopted this measure, so the threshold remains at 120 days.
Mixed rentals (housing rented to a student for 9 months and then as a tourist rental in the summer) benefit from an exemption to the compensation principle: a temporary change-of-use authorization is granted without the requirement for compensation.
New provisions of the Le Meur law (November 2024)
Since November 2024, the Le Meur law has introduced several significant changes that supplement the local regulations in the Basque Country:
Generalized mandatory registration
Starting in 2026, all tourist furnished rentals in the Basque Country must be registered via a single national online service, whether they are located in the 24 municipalities in high-demand areas or elsewhere in the region. This registration will provide a mandatory registration number to be included on all listings.
Energy Performance Certificate (DPE)
Tourist furnished rentals in high-demand areas subject to change-of-use authorization must now present a DPE rating between A and E. Starting in 2034, all tourist furnished rentals must be rated between A and D.
Increased penalties
Fines have been significantly increased:
- Failure to register: up to €10,000
- False declaration: up to €20,000
- Violation of the compensation principle: up to €100,000 (compared to €50,000 previously)
New rules for co-ownerships
Co-ownerships with a residential-only clause can now prohibit tourist furnished rentals (excluding primary residences) with a two-thirds majority vote, compared to the previous requirement of unanimity.
Faced with these new obligations and increased administrative complexity, many owners are choosing to delegate the management of their property to a specialized Airbnb concierge service that ensures regulatory compliance and optimizes rental income.
Need help with your tourist furnished rental on the Basque Coast?
Given the increasing complexity of regulations in the Basque Country, hiring a professional Airbnb concierge service is a major asset. Your Welkeys Airbnb concierge service is here to support you through every step: registration with the town hall, obtaining your registration number, complying with legal obligations, and optimizing your rental income. Our comprehensive management service relieves you entirely of the administrative and operational burdens of short-term rentals while ensuring your regulatory compliance. As a local Airbnb concierge service, we have a perfect grasp of the specific regulations in the Basque Country. Feel free to contact us; we will be happy to answer all your questions!
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