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Tourist rentals in Spain: how the Horizontal Property Law reform changes the rules
From 3 April 2025, tourist rentals in a building under horizontal property need the community's authorisation. Here is what changes for owners and communities.
SHORT ANSWER
Organic Law 1/2025, of 2 January, amended the Horizontal Property Law. From 3 April 2025, tourist rental in a community building requires the express authorisation of the owners, by three-fifths of owners representing three-fifths of the participation quotas. The community can also add up to 20% to the common expenses of those owners, and owners already operating may continue under a transitional regime.
IN THIS ARTICLE
Article by lawyer Emely Jelic, written in May 2025. This is general information, not legal advice.
Why has the law changed?
The rise of tourist rentals has sparked growing debate in communities of owners because of its impact on neighbourly coexistence and on the availability of residential housing. In response, Organic Law 1/2025, of 2 January, introduced substantial amendments to the Horizontal Property Law (LPH). It gives communities of owners greater control over the use of private homes in shared buildings for tourist purposes.
What are the five key changes?
Prior authorisation from the community
From 3 April 2025, any owner who wants to use a property for tourist rental needs the express authorisation of the community. It requires the favourable vote of three-fifths of the owners, representing three-fifths of the participation quotas.
Powers of the president
The president of the community can demand the immediate cessation of tourist rental activity that has no prior community authorisation, which gives the community effective tools to act quickly.
Higher common expenses
The community can impose an increase of up to 20% on the common expense fees of owners who use their property for tourist rentals, to compensate for the greater use of shared facilities and services such as lifts, cleaning and security.
General prohibition of tourist use
In principle, tourist use of homes in a horizontal property regime is prohibited unless the community agrees otherwise. The aim is to protect the residential nature of buildings.
Transitional regime
Owners already renting for tourist purposes before the law came into force may continue without new authorisation, provided they comply with current tourism regulations. If the home loses its licence, for instance because of a change of ownership, community authorisation is needed to resume the activity.
What does it mean for owners?
- Authorisation request: you must apply to the community and obtain the required authorisation before starting tourist rental activity.
- Regulatory compliance: you must also comply with the sector's tourism regulations, in addition to what the community sets.
- Financial responsibility: you may face higher common expense contributions and penalties if you do not comply.
What does it mean for communities of owners?
- Evaluating requests: assess each application, considering its impact on community life and shared services.
- Decision-making: approve, limit, condition or prohibit tourist rentals by resolutions adopted with the qualified majority required by law.
- Corrective action: demand the cessation of unauthorised activity and take legal action if necessary.
Conclusion
The reform marks an important step towards a more balanced regulation, adapted to the current reality of tourist rentals. By giving communities more control over the use of homes, the law seeks to protect neighbourly harmony and the residential function of buildings. Owners and communities alike need to be well informed and prepared to apply the new provisions.
Article by the lawyer Emely Jelic (advokatemelyjelic.com).
Frequently asked questions
Do I need permission from my community to rent my home to tourists?
Yes. From 3 April 2025, tourist rental in a building under horizontal property requires the express authorisation of the community, with three-fifths of the owners representing three-fifths of the participation quotas.
Can the community charge more to tourist rental owners?
Yes. It can impose an increase of up to 20% on the common expense fees of owners who use their property for tourist rentals.
What if I was already renting before the law came into force?
You can continue without new authorisation if you comply with current tourism regulations. If the home loses its licence, for example on a change of ownership, you will need community authorisation to resume.
Can the president stop an unauthorised tourist rental?
Yes. The president can demand the immediate cessation of tourist rental activity that does not have prior community authorisation.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Organic Law 1/2025, of 2 January, amending the Horizontal Property Law (LPH); article by lawyer Emely Jelic. Last updated: 19 May 2025.
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