Receiving notice of a sanction proceeding over short-term rental activity is understandably distressing. The figure on the page — often between €3,000 and €60,000 — is intimidating. However, the fact that the authorities have opened a proceeding does not mean the sanction will actually be imposed, still less that it will actually be collected. Many proceedings have defects that allow them to be overturned in full or in part if you act correctly and within the deadlines.

This guide explains step by step what to do from the moment you receive the notice, what mistakes made by the authorities can be used in your defense, and what avenues are available for appeal.

⚠️ First things first: don't sign anything or take action without legal advice.

You should never sign an inspection report without reading it carefully. Any acknowledgment of facts can be used against you in the proceeding. And the deadlines for filing objections are very short: usually 15 business days from the date of notification.

Step 1: Identify the type of notice received

Not all official communications carry the same legal weight. It's important to distinguish between:

  • Inspection report:A document drawn up by the inspector on site, recording the facts observed. On its own it is not a sanction: it marks the start of the process. Its contents can be challenged.
  • Order initiating the sanction proceeding:Formal notice that a proceeding has been opened. From this point, deadlines for filing objections begin to run.
  • Proposed decision:The official handling the case proposes a specific sanction. Objections can be filed within a new deadline.
  • Final sanction decision:The final administrative decision imposing the sanction. Ordinary appeals can be filed against it.

Understanding what stage the proceeding is at is the first step in designing the most effective defense strategy.

Step 2: Work out the deadlines for filing objections

Deadlines vary by autonomous region and by stage of the proceeding, but as a general rule:

  • After the initiation order:10 to 15 business daysto file objections and propose evidence.
  • After the proposed decision:10 to 15 business daysan additional period for a new statement of defense.
  • After the final decision:1 monthto file an administrative appeal (recurso de alzada or reposición).
  • After the administrative appeal is rejected:2 monthsto file a judicial appeal with the administrative court.

Missing any of these deadlines can permanently close off that line of defense. There are no exceptions.

Step 3: Review the file for defects

Experience defending more than 600 sanction proceedings related to short-term rentals makes it possible to identify the most common mistakes made by the authorities, which can provide grounds for overturning a sanction:

Procedural defects

  • Defective notification (incorrect address, no proof of receipt, notification on a non-business day).
  • Failure to meet the maximum deadline for resolving the case (time-barring).
  • Insufficient justification in the sanction decision.
  • No record of the identity of the inspector who drew up the report.

Substantive defects

  • An error in classifying the infraction (minor, serious, very serious).
  • A lack of proportionality in the amount of the sanction imposed.
  • Insufficient proof of the alleged facts (the burden of proof lies with the authorities).
  • No intent or negligence on the part of the owner.
  • Excusable ignorance of the regulations, if the platform failed to inform the host of the legal obligations.

Real outcome:Through the ACABA Association (People Affected by the conflict between Barcelona City Council and Airbnb), Dylan Tarín achieved the complete annulment of sanctions of up to €60,001 before the Administrative Courts of Barcelona, on grounds of procedural defects and a lack of proportionality in how the fines were graded.

Step 4: File objections or an appeal

Depending on the stage the proceeding is at, the defense can take the form of:

Objections during the investigation phase

If the case is at the investigation stage, documented objections are filed directly with the investigating body. This is the most important stage: a well-founded objection can get the case dismissed without ever going to court. Evidence can be submitted, procedural steps requested, and expert witnesses proposed if necessary.

Administrative appeal

If a final sanction decision has been issued, the next step is an administrative appeal — recurso de alzada (if a higher authority exists) or recurso de reposición (if it doesn't). This appeal is free, does not require a lawyer at the administrative stage, and is a necessary prerequisite for going to court. It has an important effect: while it is pending, the sanction is suspended and cannot be enforced.

Judicial administrative appeal

If the administrative appeal is rejected, an appeal is filed with the administrative court. At this stage, a lawyer and a court agent (procurador) are required. The appeal can request a precautionary suspension of the sanction, which prevents the authorities from collecting the fine while the judicial proceedings are ongoing.

Step 5: Consider taking action against Airbnb

In cases where the owner listed the property on Airbnb trusting that the platform was handling the applicable regulations — or where Airbnb failed to properly inform the host of the registration and licensing obligations — there may be grounds for a civil liability claim against Airbnb for damages caused.

This approach was pioneering in Spain starting in 2018, when the Commercial Court of Barcelona admitted for processing the class action filed by Dylan Tarín on behalf of more than 600 sanctioned hosts. The argument was based on unfair competition and the platform's failure to meet its duty to inform.

Conclusion:A short-term rental sanction is not an inescapable sentence. With a proper technical defense and by acting within the deadlines, there are real chances of having it overturned, in part or in full. The first step is to consult a specialist to review the specific case.

Frequently asked questions

Can I appeal even if I've already paid the fine?
In principle, paying the sanction can be interpreted as an acknowledgment of the facts, which would make a later appeal more difficult. However, in certain circumstances — such as payment made under threat of enforcement or by mistake — it may still be possible. Have your specific case reviewed before paying.

What happens if I don't appeal and don't pay?
The sanction will become final and can be enforced through collection proceedings: seizure of bank accounts, wages, or assets. The collection surcharge can add up to an extra 20% on top of the principal debt. That's why it's crucial to act within the deadlines.

How long does a judicial administrative appeal take?
It varies enormously depending on the court's caseload. In the administrative courts of Barcelona, ordinary proceedings take an average of 18 to 36 months. The abbreviated procedure, for lower-value sanctions, can be resolved in 6 to 12 months.