Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
As a Spanish lawyer who deals with these very issues every day, I can tell you that the rise of short-term vacation rentals has created a lot of friction in residential communities. Many of you are asking: “Can my neighbors or community legally stop me from renting out my apartment to tourists or holidaymakers?”
The quick answer is: it’s not a done deal for them. In fact, under Spanish law, there are two crucial legal arguments that could allow you to continue your rental activity in 2025, even if your community is pushing back. Let’s break this down from a practical standpoint.
Understanding the Law: It’s Not as Simple as They Think (Article 17.12 LPH)
Communities often cite Article 17.12 of the Spanish Horizontal Property Act (Ley de Propiedad Horizontal), which allows them to vote by a three-fifths majority to limit or impose conditions on “tourist-use rentals.” Sounds scary, right? But here’s the critical nuance: this provision only applies to registered tourist-use dwellings. It does not apply to all forms of short-term rentals. This distinction is absolutely fundamental.
Tourist Apartment vs. Seasonal Rental: This Is Your Key
- Tourist Apartments (Viviendas de Uso Turístico): These are the ones officially registered with the regional Tourism Registry. They often operate like a business, offering services like guest support or key handover. They’re specifically excluded from the Urban Leasing Act (LAU) and fall under tourism regulations. Yes, your community can regulate these with a 3/5 majority vote under Article 17.12 LPH.
- Seasonal or Vacation Rentals (Alquiler de Temporada): Now, this is where many of you find your protection. These are not registered as tourist accommodations. Instead, they operate under private lease contracts governed by the LAU. They’re for temporary personal stays—think genuine vacations, a student’s temporary accommodation, or someone on a short work assignment. They don’t offer hotel-like services and are still considered residential. Crucially, your community cannot prohibit these under Article 17.12 LPH. Any attempt to ban them would require a unanimous agreement from all owners, a formal amendment to the community’s bylaws, notarization, and registration in the Property Registry. That’s a very high bar to clear.
Two Powerful Ways to Protect Your Rental in 2025
1. Your Rental Isn’t a “Tourist-Use Property” in the Eyes of the Law
If you’re operating your property under a seasonal lease contract governed by the LAU, then legally, your property isn’t classified as a tourist apartment.
What does this mean for you?
- The 3/5 majority vote rule in Article 17.12 LPH simply doesn’t apply.
- Your rental can only be restricted if every single owner unanimously agrees and formally updates the community’s statutes. Good luck with that!
This crucial legal difference has been solidly backed by recent Supreme Court rulings (Judgments 1643/2023 and 1671/2023) and an important Administrative Resolution from the Directorate-General for Legal Certainty and Public Faith (DGSJyFP) on January 29, 2025. These legal precedents unequivocally state that vacation rentals can only be prohibited through unanimous agreement and formal bylaw amendments—not by a simple majority vote.
2. You Have “Acquired Rights”: The Principle of Non-Retroactivity
Even if your property is a registered tourist-use apartment, you might still be protected if you started your rental activity before the community tried to impose any restrictions.
This is thanks to the principle of non-retroactivity. It’s a fundamental legal concept that prevents new laws or agreements from stripping away rights you’ve already legally acquired.
To successfully use this argument, you’ll need to demonstrate:
- You were already actively renting the property (show booking records, license registration if applicable, etc.).
- The community’s decision to restrict rentals came after you commenced your activity.
This argument is particularly strong for rentals that began before the 2019 reform of Article 17.12 LPH or, more generally, before your specific community adopted any limiting resolution.
My Professional Advice: Don’t Panic, Fight for Your Rights.
If you’re a property owner in Spain right now, in 2025, and your community is attempting to shut down your vacation rental:
Don’t panic – and absolutely do not assume their demands are legal.
You may be fully protected under Spanish property law, especially if:
- Your rental is seasonal and governed by the LAU, or
- Your rental activity began before the community passed its resolution.
Both scenarios offer robust legal grounds to continue your short-term rental activity, without actually violating any rules.
Success Story: We Stood Up to the Community, and Won.
I recently handled a case in Valencia where a client, an overseas owner, was facing immense pressure from their community of owners. They had voted by a 3/5 majority to ban all short-term rentals, citing the usual Article 17.12. However, after carefully reviewing my client’s rental agreements, we confirmed they were operating genuine seasonal leases under the LAU, not tourist apartments.
Armed with the Supreme Court rulings and the DGSJyFP resolution, we formally challenged the community’s decision. We clearly articulated that Article 17.12 simply didn’t apply to seasonal rentals and that a unanimous vote, along with a bylaw amendment registered in the Property Registry, was required for any prohibition. The community, upon receiving our detailed legal communication, realized their vote was invalid for this type of rental. My client continues to rent their property legally and without further interference from the community. It’s a clear example of how knowing your rights, and having the right legal support, can make all the difference.
Are you facing similar challenges with your property in Spain? Don’t let your community dictate your rights without a fight. Contact me today to discuss your specific situation and see how we can protect your investment.
Related Rental & Property Law Guides
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
Renting out a property in Spain?
We keep your rental fully compliant with Spanish and regional licensing rules. Bilingual help across southern Spain since 2006.
Are there any potential restrictions for UK citizens buying a holiday property in Spain solely for their own and Family use? I am aware of the potential 100% tax situation. I am asking you, as you were successful in getting most of our deposit back from Inroal, so would use you for conveyancing if we go ahead again.
Hi Neil! Thanks for your comment. As a UK citizen, you can still freely purchase property in Spain for personal or family use — there are no restrictions post-Brexit. The so-called “100% tax” is just a government proposal at this stage and widely considered unlikely to be implemented. Still, the earlier you buy, the lower the risk of being affected by future tax changes. We’d be happy to guide you through the process and ensure full legal protection.
Hi, Does the principle of non retroactivity apply forever more….or does it only apply to the end of a current ETV licence?
The principle of non-retroactivity means that restrictions approved by a community or under new laws cannot be applied to tourist licences already granted. In practice, this protection lasts for as long as the licence remains valid. If the licence expires, is surrendered, or is revoked for non-compliance, then any new rules in force would apply to any subsequent application.
No. The principle of non-retroactivity in Spanish law means that new rules cannot take away rights already granted under a valid ETV licence. In practice, this means your current licence remains valid under the conditions it was issued, even if the law later changes.
However, non-retroactivity does not apply indefinitely. When your licence comes up for renewal or if you apply for a new one, the rules in force at that time will apply. In short: your existing licence is protected until it expires, but future renewals must comply with the new regulations.
Hello, I don’t think this is correct regarding renewal:
https://www.gva.es/descarregues/2025/10/124825-preguntas_frecuentes_(FAQs)_viviendas_de_uso_turistico_16_10_2025_ultima_version.pdf
b) —> excepto las certificaciones de las comunidades de propietarios
a) si la inscripción fue anterior a la entrada en vigor de la Ley 15/2018, de 7 de junio, de Turismo, Ocio y Hospitalidad- en adelante Ley Turismo- (08/07/2018) se deberá presentar una declaración responsable de renovación relativa únicamente al cumplimiento de los requisitos mínimos del Anexo III del Decreto de alojamiento, modificado por el DECRETO-LEY viviendas.
b) si la inscripción fue entre 08/07/2018 y 07/08/2024 (día anterior a la entrada en vigor del DECRETO-LEY de viviendas), deberán presentar, con permiso del propietario, una nueva declaración responsable de renovación con pronunciamiento expreso sobre los mismos extremos que un alta nueva excepto las certificaciones de las comunidades de propietarios y deberá acompañarse de informe municipal de compatibilidad urbanística para uso turístico favorable actualizado a la fecha de renovación de la inscripción.
c) si la inscripción fue posterior al 08/08/2024 (entrada en vigor del DECRETO-LEY viviendas) deberán presentar, con permiso del propietario, una nueva declaración responsable de renovación con pronunciamiento expreso sobre todos los extremos del artículo 23 que se detallan en pregunta posterior y deberá acompañarse de informe municipal de compatibilidad urbanística para uso turístico favorable actualizado a la fecha de renovación de la inscripción.
Thanks for sharing this—very useful, but we’re talking about two different layers of law.
Your point concerns Valencian administrative renewal rules for registered tourist-use dwellings (VUT) under the regional Decree-Law—i.e., what documents must be filed to renew an existing inscription and how that varies depending on when the property was first registered. That’s a regional compliance issue.
My article addresses a national question under the Ley de Propiedad Horizontal (LPH): what a community of owners can or cannot do by vote regarding short-term rentals (distinguishing tourist-use/VUT from seasonal leases under the LAU). Those LPH voting thresholds (and the relevant doctrine) are a separate track from Valencia’s renewal paperwork and don’t change because a region updates its administrative forms.
So yes—your comment accurately describes how renewal works in the Valencian Community (including carve-outs on community certificates depending on registration date). But that doesn’t contradict the article’s focus on Spain-wide LPH rules about what a community can vote and how. Different questions,
I also checked with Valencia:
Buenos días,
Así es, para aquellas viviendas inscritas con anterioridad a la entrada en vigor del DECRETO LEY 9/2024, de 2 de agosto, del Consell, de modificación de la normativa reguladora de las viviendas de uso turístico no será necesario incluir en esta declaración responsable de renovación, las certificaciones mencionadas en el apartado l) del artículo 23.
Un saludo
________________________________________
Direcció General de Turisme
Servei d’Ordenació i Tramitació Turística
C/ De la Democracia, 77
(Ciudad Administrativa 9 d’Octubre Torre 2 Planta 3)
46018 – València (España)
ordenacion_turisme@gva.es http://www.gva.es
As I mentioned in my earlier comment, we’re talking about two different layers of law.
Your point concerns Valencian administrative renewal rules for registered tourist-use dwellings (VUT)—i.e., what must be filed to renew an inscription depending on when the property was first registered. That’s a regional compliance matter.
My article addresses a national question under the Ley de Propiedad Horizontal (LPH): what a community of owners can or cannot decide by vote regarding short-term rentals (distinguishing tourist-use/VUT from seasonal leases under the LAU). Those LPH voting thresholds operate on a different track from Valencia’s renewal paperwork and don’t change because a region updates its forms.
So yes—your description fits how renewal works in the Valencian Community. But that doesn’t contradict the article’s focus on Spain-wide LPH rules about what a community may vote and how. Different questions, different laws.
By the way, we published a post on this specific point yesterday on the blog: https://www.costaluzlawyers.com/valencia-tourist-rentals-what-the-new-renewal-rules-mean-for-existing-license-holders-2025-update/