Dear owners,
We would like to inform you of a new legal development now in effect that directly impacts tourist rentals in Spain. As of April 3, 2025, a reform has come into force that significantly changes the requirements for using a property as a tourist rental.
What has changed?
Organic Law 1/2025, which amends the former Horizontal Property Law of 1960, establishes that in order to open a new tourist rental property, it is mandatory to obtain prior approval from the homeowners association.
This approval requires:
- A favorable vote by at least three-fifths of the total number of owners,
- And that they also represent three-fifths of the ownership quotas.
If this majority is not reached, the community can demand the immediate cessation of the activity and, if necessary, initiate legal action.
Who does it affect?
This measure only applies to new tourist rentals started after April 3, 2025.
If you already had your property listed as a tourist rental before that date, and you complied with the applicable tourist regulations, you can continue your activity without needing this new approval.
If you want to learn about other current restrictions, such as the 10-day rental limit for tourist properties in the Valencian Community, we invite you to check out our updated article.
What if I start the activity without the community’s consent?
Since the law came into effect:
- The homeowners association may request the immediate cessation of the activity.
- If this request is not heeded, they may initiate legal proceedings.
Even if there was no explicit prohibition in the bylaws before, you now need formal authorization in order to rent out your property as tourist accommodation.
What if I was already processing my license before April 3?
If you were in the process, but had not yet started the tourist rental activity, you also need to comply with the new regulations.
The absence of a previous prohibition is not sufficient: you now need express approval from the homeowners association, recorded in the minutes.
Other relevant changes
In addition to this requirement for neighborhood authorization:
- A single digital window for registering tourist-use properties has been introduced, which will become mandatory starting in July 2025.
- Important tax changes are in the works, affecting owners of vacation rentals.
- You must also comply with the new traveler registration and identification obligations set out in Royal Decree 933/2021, which applies to both owners and management agencies.
Why were these changes made?
The government promoted this reform to facilitate access to residential housing and control the growth of tourist rentals in highly stressed areas. According to Housing Minister Isabel Rodríguez: “We need fewer Airbnbs and more housing availability.”
In summary:
| Aspect | Before April 3, 2025 | From April 3, 2025 |
|---|---|---|
| Prior community approval? | Not mandatory | Mandatory for new tourist rentals |
| Majority required? | Three-fifths to prohibit in bylaws | Three-fifths to authorize tourist rentals |
| Does it affect properties already in operation? | No | No |
| Mandatory registration? | Not in all of Spain | Yes, starting July 2025 |
Our advice
If you are thinking about starting a new tourist rental or are currently processing your license:
✅ Speak with your homeowners association and request a formal vote that expressly authorizes you.
✅ Document the entire process and keep the minutes of approval.
✅ Consult our team of experts to correctly process the license and comply with all new legal obligations.
Remember:
❗ Lack of community approval could result in the immediate closure of your activity.
Any questions about how to comply with this new regulation?
📞 Contact us. We’re here to help.
Will there be more new developments?
Yes. In addition to this new requirement:
- A “single digital window” has been created to register tourist rentals, which will issue an official registration number certifying that the accommodation complies with the law.
- This registration window will come fully into effect in July, but it has been open since the beginning of the year and is already processing applications.
- The government is working on a tax package so that tourist rentals are treated as an economic activity subject to VAT.