Spain is currently experiencing a tourism boom which, although it boosts the economy, also creates coexistence conflicts in many residential buildings. Neighbors want to maintain tranquility, and property owners want to make their properties profitable. Between these interests, there is a legal framework that has had to be updated: the updated Horizontal Property Law.
If you are concerned that tourist apartments may start to proliferate in your building, or if you already live alongside one and wonder what options the community has, at Proddigia we explain everything you need to know. The updated Horizontal Property Law introduces modifications that are relevant to this matter and that it is advisable to know before making any decision.
What has changed with the updated Horizontal Property Law
Since April 3, 2025, it is required to obtain express approval from the community of owners in order to operate a property as a tourist rental. Without this approval, the activity cannot be started or maintained, as stated in the updated Horizontal Property Law. This requirement is added to the obligation to have a tourist license in accordance with the sectoral regulations of each territory.
What “express approval” means
Silence or the consent of some neighbors is not enough. The community must meet and vote to authorize that tourist use. If the community decides not to authorize it, a tourist contract cannot be formalized: the refusal blocks the activity.
Required majorities and financial conditions
To approve tourist rentals in the building, the favorable vote of three-fifths of the owners is required, who in turn represent three-fifths of the participation quotas. This qualified majority enables tourist use within the property.
Fees and surcharges linked to the activity
The community can set special fees or increase participation in common expenses of the property with tourist use, with a limit of 20%. In this way, it seeks to compensate for greater wear or additional costs that may be associated with guest turnover and common services.
What happens if the rule is ignored?
If an owner starts or maintains a tourist rental without express approval, the community president can require the immediate cessation of the activity and initiate the corresponding legal actions if the request is not fulfilled. This procedure is clearly contemplated in the updated Horizontal Property Law.
Potentially high sanctions
The courts can order the activity to stop and also impose a fine of up to €500,000, along with the prohibition of using the property for a period of up to three years. Additionally, there is the possibility of terminating the tourist rental contract.
How to obtain a legal tourist rental step by step
1) Verify sectoral regulations and license
Before proposing the matter in a meeting, it is advisable to confirm if tourist use is compatible with regional/municipal regulations and if the corresponding license is obtainable. The updated Horizontal Property Law does not replace sectoral tourist regulations: they are layers of requirements that accumulate.
2) Request the inclusion of the point in the agenda
The interested owner must request that the authorization of tourist use of their property be included in the agenda. The community must convene a meeting and vote.
3) Meeting, debate, and voting
During the meeting, the request is presented, doubts are resolved, and a vote is held, applying the majority of three-fifths of owners and quotas.
4) Drafting the agreement with conditions
If the community authorizes, it can set conditions: from reinforced coexistence rules to expense surcharges within the 20% limit. It may also require, for example, the purchase of liability insurance associated with the activity, in line with what is already mentioned as a possible practice.
5) Registration of tourist use
With the community’s authorization and complying with sectoral tourist regulations, the owner processes the registration of the short-term accommodation as required by the competent authority.
What if you were renting before? Non-retroactive effects
Contracts prior to April 3, 2025
Community agreements have no retroactive effect. Those who were legally operating a tourist property before April 3, 2025, can continue the activity without needing subsequent community approval. They must, however, maintain the license and comply with all applicable regulations.
License and compliance remain mandatory
Even though community authorization is not required for these prior cases, the property must have a license and comply with regulations. Without a license, the community may object and landlords may face penalties.
What can communities agree on?
Scenario 1: authorization with conditions
The community can authorize and adjust the impact with surcharges and coexistence rules to reconcile usage rights with the protection of the building and its common services.
Scenario 2: denial
If the qualified majority is not reached, the community does not authorize tourist use, and the owner cannot formalize such contracts from April 3, 2025 onwards. Any subsequent attempt may trigger requests and legal actions.
What happens if I have a license but the community denies authorization?
Since April 3, 2025, a double requirement is needed for tourist rentals: administrative license and express community approval. If there is a license but the meeting denies permission, the activity cannot start or continue; the president is authorized to require immediate cessation and, if not addressed, take legal action. Judges can order the suspension, impose fines up to €500,000, and also prohibit use of the property for up to three years. This obligation does not retroactively affect operations already in place before April 3, 2025, which may continue as long as the license is maintained and regulations are followed.
Can the community increase my common expenses for having a tourist rental?
The community can approve special fees or an increase in participation in common expenses linked to the property with tourist use, with a ceiling of 20%. This measure requires a three-fifths majority of owners and quotas. Additionally, conditions related to the activity (such as liability insurance) can also be set, always within legal limits.
Safe decisions, backed by experts
The updated Horizontal Property Law clearly defines how a tourist apartment is approved or blocked in a community. It is clear that the regulation seeks a balance between the right of owners to freely use their property and the need to preserve coexistence and the well-being of all neighbors.
At Proddigia, we understand the need to offer transparent advice tailored to each situation, helping both owners and tenants make decisions in accordance with current regulations. Our goal is to ensure that you can rent or sell your property with maximum peace of mind.
Shall we talk? If you are thinking about investing or renting your property, our team can guide you through every step of the process and answer your questions about current regulations.
