The rise of tourist rentals has sparked growing debate within community of owners due to its impact on neighborhood coexistence and the availability of residential housing. In response to these concerns, Organic Law 1/2025, of January 2nd, has introduced substantial amendments to the Horizontal Property Law (LPH), granting community of owners greater control over the use of privately owned residences within shared buildings for tourist purposes.
Key amendments introduced by Organic Law 1/2025
1. Prior authorization from the community of owners
Starting April 3, 2025, any property owner wishing to use their property for tourist rental must obtain the express authorization of the community of owners. This authorization will require the favorable vote of three-fifths of the property owners, representing likewise three-fifths of the participation quotas. This measure seeks to balance individual interests with the collective well-being of the community.
2. Powers of the president of the community
The president of the community of owners will be empowered to demand the immediate cessation of tourist rental activity if it does not have prior community authorization. This provision grants the community’s representative bodies effective tools to act promptly in the face of violations that may disturb communal life.
3. Possibility of increasing common expense contributions
The community of owners may impose an increase of up to 20% on the common expense fees for those owners who use their properties for tourist rentals. This surcharge aims to compensate for the greater use of shared facilities and building services such as elevators, cleaning, and security.
4. General prohibition of tourist use
The reform establishes that, in principle, tourist use of dwellings within horizontal property regimes is prohibited, unless the community of owners agrees otherwise. This measure seeks to safeguard the residential nature of buildings and prevent the transformation of residential zones into exclusively tourist areas.
5. Transitional regime for pre-existing activities
Owners who were already engaged in tourist rental activities before the entry into force of the law may continue such activity without needing new authorization, provided they comply with the current sectoral tourism regulations. However, if the dwelling loses its license due to a change in ownership or other reasons, authorization from the community of owners will be required to resume the activity.
Implications for property owners and community of owners
For property owners:
Authorization request: They must submit a request to the community of owners and obtain the required authorization before initiating tourist rental activity.
Regulatory compliance: They must ensure compliance with applicable sectoral tourism regulations, in addition to the provisions set by the community.
Financial responsibility: They may be subject to increased common expense contributions and penalties in the event of non-compliance.
For community of owners:
Evaluation of requests: They must assess tourist rental authorization requests, considering the impact on community life and shared services.
Decision-making: They may approve, limit, condition, or prohibit tourist rentals through resolutions adopted by the qualified majority established by law.
Corrective actions: They have the authority to demand the cessation of unauthorized activities and to initiate legal action if necessary.
Conclusion
The reform introduced by Organic Law 1/2025 to the Horizontal Property Law marks an important step toward more balanced regulation, adapted to the current realities of tourist rentals. By granting community of owners greater control over the use of residential properties, the law aims to protect neighborhood harmony and uphold the residential function of buildings.
It is essential that both property owners and community of owners are well-informed and prepared to implement these new provisions effectively
Article by the Lawyer:
Emely Jelic
https://advokatemelyjelic.com/