Tourist rental regulation amendments

Comunity owners in Spain may or may not allow holiday rental flats in their properties. Since 3rd April 2025, a new Tourist rental regulation amendments will come into force under the reform of the Horizontal Property Law, which seeks to balance the interests of owners, tenants and tourists, by regulating the rental of holiday flats, which has caused so much tension in many areas of the country, especially on the Costa del Sol as importan tourist destination. The main changes envisaged are as follows:

• Express approval of the community of owners: a new paragraph 3 is added to Article 7 of the Horizontal Property Law, which establishes that owners who wish to use their property for tourist rental must obtain the approval of the community of owners, following the requirements of Article 17.12. The community of owners will have the power to require the immediate cessation of the tourist activity if it is being carried out without having obtained the corresponding approval. The president of the community may take legal action in the event of non-compliance.
• Majority required to approve or limit the activity: Tourist rental regulation amendments will add new paragraph 12 of article 17 indicates that any agreement to approve, limit, condition or prohibit the tourist rental activity will require the favourable vote of three fifths of the total number of owners and participation quotas. The same majority will also be required if special cost shares or increases of up to 20 % in the share of common costs associated with the tourist accommodation are to be established.
• Exception for activities prior to the reform: the new second additional provision guarantees that those owners who were already carrying out tourist rental activities before the entry into force of this law can continue to do so, as long as they comply with the tourism sector regulations in force.