Higher Basura Fees for Tourist Rentals in Spain:
What Owners Need to Know
Have you received a surprisingly high basura bill for your holiday rental in Spain?
You are not alone.
Several Spanish councils are now treating tourist apartments more like hotels or commercial businesses when calculating the local rubbish collection charge. In some towns, this means owners are paying considerably more than they would for an ordinary residential property.
Torremolinos is one of the clearest examples, but it is not the only place taking this approach.
Before getting into the details, there is one important point to clear up: this is not a new nationwide “tourist rental tax”. It is a local waste collection fee, and every council can calculate it differently.
What has changed in Torremolinos?
Torremolinos has moved registered tourist-use properties, known as Viviendas de Uso Turístico (VUTs), from the domestic rubbish category to the industrial or commercial category.
In simple terms, the council no longer treats a tourist apartment the same as someone’s normal home when calculating the rubbish charge.
The final approval of Torremolinos’ amended Fiscal Ordinance Number 4, covering the collection, transport and treatment of waste, was published in the Official Gazette of the Province of Málaga on 26 December 2024.
The measure was described more plainly when it was announced: tourist-use homes would move from paying the domestic rubbish tariff to paying the industrial tariff. The council’s reasoning was that a property operated as holiday accommodation is carrying out a commercial activity.
That does not mean every tourist apartment receives one identical bill. The amount may depend on the tariff band and the property’s characteristics.
It does, however, mean that an apartment registered and used as a tourist rental may receive a higher basura bill than an otherwise similar apartment used purely as a private home.
We are hearing several property owner’s saying the bill has incresed from €140 to €497 with 3 to 4 years backdating. Several people have received bills of nearly €2000!
This latest seeming attack on tourist rental properties is leading many to stop renting their properties as a commercial business. This will lead to more empty properties across the Costa del Sol. If you are one of those who have had enough, try our new service – Property Care & Keyholding in Torremolinos.
Is this a tax, a fee or something else?
People commonly call it the basura tax, but technically it is a municipal charge for the collection and treatment of waste.
It is separate from:
- IBI, the annual local property tax.
- Rental income tax paid through Modelo 210.
- Regional tourist registration or licensing fees.
- Any future overnight tourist tax charged directly to visitors.
You could therefore own one property and receive an IBI bill, a basura bill and separate tax demands relating to your rental income. Spanish bureaucracy likes to keep things interesting.
Why are councils changing their rubbish charges?
The background is Spain’s Law 7/2022 on Waste and Contaminated Soil for a Circular Economy.
The law required local councils to establish a specific, differentiated and non-deficit waste charge that reflects the real cost of collecting, transporting and treating rubbish.
In other words, councils are expected to recover the actual cost of the service rather than quietly covering a large part of it from their general budgets.
The legislation follows the principle of “the polluter pays” and specifically allows councils to consider waste collection systems for holiday rental properties. You can read the wording in Article 11 of Law 7/2022 on the official BOE website.
However, the national law does not require every tourist apartment in Spain to pay a fixed higher amount.
The national government created the general framework. Each town hall then decides how its own tariff will work.
That is why two similar apartments on opposite sides of a municipal boundary can receive very different bills.
Fuengirola is taking a similar approach.
Fuengirola has also decided to treat tourist homes as tourist businesses for the rubbish charge.
According to the official announcement from Fuengirola Town Hall, tourist rental properties are subject to Tariff B of the municipal ordinance.
This is the category used for hotels, hostels, guest houses and similar tourist establishments. The amount is calculated based on the property’s size.
The council openly stated that these properties had previously been treated as ordinary homes and that owners would therefore see an increase in the amount they would have to pay.
For Costa del Sol owners, this is particularly relevant. Torremolinos and Fuengirola are neighbouring tourist destinations, and both have adopted the basic principle that a holiday rental is a business activity rather than a normal domestic residence.
Girona treats tourist apartments as economic activities
Girona has also placed tourist-use apartments within its commercial waste system.
Tourist homes are included in Group E, a category for economic activities that generate the full range of waste, including organic rubbish, paper, glass and other materials.
A tourist apartment association challenged this classification. However, in 2026, the High Court of Justice of Catalonia supported the council’s position.
The court accepted that tourist homes carry out an economic activity and can therefore be charged differently from private domestic homes. It also accepted the council’s financial justification for the tariff.
The official Girona City Council explanation of the judgment is useful because it shows that this issue is no longer limited to political announcements. The classification has now been examined and upheld by a court in that particular case.
That does not automatically make every similar tariff in Spain legally valid. Each council must still properly justify how its own charge has been calculated.
Ourense has created a separate tourist-home tariff
Ourense uses a slightly different system.
Rather than simply classifying every tourist property as a general hotel or industrial use, its ordinance establishes a specific tariff for viviendas para uso turístico.
The annual charges published for 2026 are:
- Up to four authorised guests: €280
- Five to eight authorised guests: €420
- More than eight authorised guests: €540
For comparison, the annual charge listed for an ordinary home receiving daily rubbish collection is €181.02.
These amounts appear in the official Ourense Provincial Gazette published on 30 December 2025.
Ourense therefore provides a clear example of a council creating a dedicated, higher tariff for tourist-use homes based on their authorised capacity.
Will every tourist rental in Spain pay more?
No.
There is no single Spanish tariff, and no automatic national surcharge applies equally to every Airbnb, Booking.com property, or holiday apartment.
Your position depends on the ordinance approved by the town hall where the property is located.
A council might calculate the charge using:
- The property’s floor area.
- Its cadastral value.
- The number of authorised guests or beds.
- Water consumption.
- The type of activity carried out.
- The amount or type of waste supposedly generated.
- A combination of several factors.
Some councils may continue to treat tourist apartments much like ordinary homes. Others may give them a separate tariff or place them alongside hotels and other accommodation businesses.
What should you check on your bill?
Do not look only at the total amount. Check how the property has been classified.
Useful words to look for include:
- Doméstica or vivienda
- Industrial
- Comercial
- Actividad económica
- Alojamiento turístico
- Vivienda de uso turístico
- Vivienda con fines turísticos
You should also check that the council has used the correct:
- Property address and cadastral reference.
- Floor area.
- Number of authorised guests.
- Rental classification.
- Billing period.
- Tariff band.
A property that is no longer being operated as a tourist rental could remain incorrectly recorded under a commercial category if the relevant registers have not been updated.
Equally, simply stopping advertising for a few months may not automatically convert the property back to the domestic tariff. The council may continue using the official registered status until it receives and processes the correct paperwork.
What can you do if the bill looks wrong?
Start by asking the council or its collection office for a written explanation of the calculation.
Ask them to confirm:
- Which municipal ordinance has been applied.
- Which tariff category your property is in.
- What property information was used.
- Why it has been classified as domestic, commercial or industrial.
- How and when you can request a correction or review.
Do not ignore the payment deadline while you are investigating. Challenging a bill does not always automatically suspend collection, and appeal procedures vary between councils.
Where a substantial amount is involved, or the council appears to have used incorrect information, consider obtaining advice from a qualified tax professional or Spanish property lawyer.
The bottom line
Torremolinos is not acting alone.
Fuengirola treats tourist apartments like hotels for rubbish-charging purposes. Girona treats them as economic activities, a position upheld by a regional court. Ourense has introduced its own tourist-home tariff based on the number of authorised guests.
The wider trend is clear: councils in tourist areas are looking more closely at whether holiday rentals should continue paying the same rubbish charge as ordinary homes.
That does not mean every higher bill is automatically correct. Councils still need a valid ordinance, an adequate financial justification and accurate information about the property.
So, if a larger-than-expected basura bill lands in your letterbox, do not panic, but do not simply assume it must be right either.
Check the classification, check the local ordinance and ask the council to explain its maths in writing. Spanish paperwork becomes much easier to deal with once you know exactly what they are charging you for.