Spain's beach bars and Airbnb's regulatory challenges

In this week's exploration of Spain, we delve into the rising tensions surrounding the privatization of public beaches and the ongoing regulatory battle facing Airbnb.

If you have visited a beach in Spain, you may have enjoyed a meal or drink at a chiringuito, the local term for beach bar. Traditionally modest establishments, these bars have transformed, much like Spain’s evolving urban landscape, into luxurious venues catering to a more affluent clientele.

In Málaga’s coastal district of La Malagueta, residents are voicing their discontent over the proliferation of these chiringuitos, which encroach on public spaces meant for beachgoers, such as picnic areas. These establishments are not small; they often span 300 square meters, resembling upscale restaurants or nightclubs rather than casual beach bars.

“It’s a real monstrosity,” remarked Carlos Babot, a spokesperson for the SOS Malagueta platform, in a statement to El País. “And authorities don’t care. They don’t do anything to prevent it.”

Babot's organization aims to highlight what locals perceive as a violation of regulations due to the increasing number of beach bars and associated services that prioritize tourists over community needs. Currently, six beach bars and one restaurant dominate Málaga’s primary urban beach, a development that many feel symbolizes the city’s shift towards catering to wealthy visitors at the expense of its residents.

Málaga is not alone in this trend. In Ibiza, residents have long complained about beach clubs that flout municipal regulations. “Residents have had their beaches privatized, and we already have our designated areas; we’re like natives on their reservations,” stated Jaume Ribas, representing the Citizen Platform PROU, during an interview with La Sexta TV.

The situation raises questions about the balance between tourism and local enjoyment of public spaces. Some regional governments are beginning to address this issue; Asturias, for example, enacted legislation in 2024 aimed at preventing the overexploitation of beaches by commercial interests.

Spanish law clearly stipulates that no beach can be private, yet the reality at many popular coastal sites reflects a growing trend of overtourism that disrupts local communities and alters the character of Spain’s coastlines.

In a related development, the Spanish government has mandated Airbnb to remove nearly 66,000 listings deemed illegal. These listings, often located in residential buildings, reportedly lack the necessary licenses, contributing to Spain’s ongoing housing crisis by diminishing available long-term rental options.

Airbnb has countered this directive from Spain’s Ministry of Consumer Affairs, arguing that the measure contradicts both Spanish and European regulations. The company intends to appeal the decision, asserting that the ministry lacks the authority to enforce such regulations concerning tourist accommodations.

A spokesperson for Airbnb conveyed to the Spanish news agency Efe that the government’s approach has been “indiscriminate,” affecting listings that adhere to local regulations, including those involving seasonal rentals that do not qualify as tourist lets.

Furthermore, Airbnb contends that the Spanish authorities have overlooked Supreme Court rulings clarifying that not all listings require a registration number. The platform emphasizes its commitment to ensuring compliance among hosts and highlights that non-compliance can lead to the removal of ads from its site.

Airbnb also posits that it operates under the EU’s Digital Services Act, asserting that it is not a real estate service, a position supported by a ruling from the Court of Justice of the European Union.

As Spain grapples with these issues, the intersection of local interests, tourism, and regulatory frameworks continues to evolve, prompting both community engagement and corporate responses.