Important changes to the law governing tourist rentals in Spain. What do you need to know?
Spanish property owners who would like to rent out their properties on a short-term basis should read this article carefully. The new Law 1/2025, which comes into force on 3 April 2025, introduces key changes to horizontal property law, which also regulates tourist rentals. Owners of properties intended for short-term rentals will be required to obtain the express consent of the owners’ association before starting such a rental.
What you will find in the article:
- What has changed?
- What should property owners do after April 3, 2025?
- What about existing licenses?
- Does the community president have the right to stop unauthorized rentals?
- Our suggestions
What has changed?
Two key modifications have been introduced:
- Article 7, paragraph 3: in order for a property to be rented for tourism purposes, it is not enough that such activity is not prohibited, the owner of the property must have the express consent of the community of owners to do so.
- Modification of Article 17, paragraph 12: approval of tourist rental requires a positive vote of 3/5 of the owners – members of the community. A simple majority will be sufficient to pass such a resolution. In addition, a 20-day grace period is in place after the minutes of the meeting are forwarded to allow members of the community to raise an objection.
What should property owners do after April 3, 2025?
Property owners who intend to rent their properties for tourist purposes will need to follow these steps:
- Request a community meeting and include on the agenda a formal motion to the owners’ community to consider authorizing tourist rentals.
- Obtain a majority of at least 3/5 of the votes.
- Wait 20 days after the minutes of the meeting have been distributed to all members of the community. Owners who disagree with the decision will have the opportunity to express their disagreement during this time. Silence will be considered as consent.
- Without the express consent of the community, even if conducting business on the property is not prohibited, renting out the property for tourist purposes will not be allowed.
What about existing licenses?
The law is not retroactive, which means that owners who already had valid tourist rental licenses before April 3, 2025 will not need an additional permit.
Does the community president have the right to stop unauthorized rentals?
Yes. Under the new law, the president of the homeowners’ community can request the immediate cessation of tourist rentals that have not been approved by the community.
However, in order to initiate legal proceedings against the property owner, the president must obtain prior approval from the community board.
Our suggestions
To avoid legal problems, property owners should:
- Apply for a tourist rental license before April 3, 2025 – unless the homeowners’ association has previously prohibited this type of activity.
- Consistently seek express authorization from the homeowners’ association to avoid potential disputes.
- Consult with legal counsel to efficiently go through the process of obtaining authorization from the community and then a tourist license.
If you own a property that is a part of the homeowners’ community and plan to engage in short-term rentals, take appropriate action as soon as possible.
