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New Tourist Rental Law

Published

3 weeks ago

April 10, 2025

admin

On April 3rd, 2025, a major change to the LPH came into force. Credit: Shutterstock / Unai Huizi Photography

In Spain, tourist rentals have become a hot topic due to their growing presence in residential areas and numerous conflicts that often arise between owners and tenants. These challenges have prompted lawmakers to act, and a recent amendment to the Spanish Horizontal Property Act aims to reshape the way tourist rentals are managed within communities of owners.

What’s behind the Law change?

The reform introduced in April of this year, that affects to article 7, represents a major shift in the regulation of tourist rentals. Prior to this, communities of owners had some authority to band these rentals through a 3/5 majority vote. The new law, however, requires that any owner wishing to rent out their property for tourism must first obtain explicit approval from the homeowners’ association. This new rule strengthens the control communities of owners have over such activities.

A step towards greater control

The importance of this change cannot be overstated. By requiring prior authorisation from the majority of neighbours’, the new legislation ensures that communities have a stronger say in whether or not they want to accept tourist rentals. This is a necessary move for areas that have been struggling with the negative consequences of short-term renting, such as overcrowding, noise disturbances, and the loss of the neighbourhoods’ identity.

In fact, this reform goes beyond merely requiring authorisation. It gives communities the power to act against non-compliant property owners. If an owner rents out their property without approval, the community president can issue a formal notice demanding that the rental activity cease immediately. This provides a more effective deterrent for those considering breaching the rules.

Is this new change enforceable to the already existing tourism rentals?

The reform is not retroactive, meaning that existing tourist rentals will not be directly affected. However, moving forward, the need for explicit approval means that future rentals will be subject to stricter community oversight, ensuring a better balance between personal gain and community well-being.

At White-Baos Lawyers, we are deeply familiar with the nuances of the Horizontal Property Act and are ready to guide you through any legal challenges related to tourist rentals. If you have questions about how these recent changes might affect you or your community, don’t hesitate to reach out. We’re here to help you navigate this new legal landscape with confidence.

You may be interested in the following services and articles:

New Requirements for Tourist Rentals in the Valencian Region: Decree 9/2024. Expert Legal Advice.

Tourist rental and disturbances in the community of owners. What can the community and the neighbors do to defend themselves?. Prohibition. Expert legal advice.

New court success. Nullity of the ban on Tourist Rentals Agreement in a Community of Owners. Horizontal Property Law. Expert legal advice.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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