Converting a Residential Property to a Tourist Rental in Spain: What Changed in 2025

Converting a Spanish home you already own into a tourist rental is not just a matter of applying for a licence — since 2025, your own community of owners can block it.

The 2025 reform changed the starting point

A 2025 reform of Spain’s Horizontal Property Act (Ley de Propiedad Horizontal) requires prior express approval from the community of owners before a property can start operating as a tourist rental. That approval needs a majority of three-fifths of the owners, who must also represent three-fifths of the building’s participation quotas — the same majority needed if the community instead wants to limit or condition tourist rental activity generally.

Already renting? You are likely protected

This reform took effect on 3 April 2025 and applies to new tourist rental activity going forward. A property that was already operating legally as a tourist rental before that date is generally protected from being retroactively blocked by a later community vote.

Converting can also mean higher fees

Separately from the approval question, communities are now permitted to charge a higher common fee — up to 20% more — on units used for tourist rental, to cover the additional wear on lifts, pools, and other shared areas that short-term guest turnover creates.

Community approval and the tourist licence are two separate hurdles

Getting your community’s approval does not replace the need for the applicable regional tourist rental licence (VFT or equivalent), and getting the licence does not replace the need for community approval. Both apply independently, and missing either one leaves the rental exposed.

What to check before converting

Confirm first whether your community has already voted to restrict or ban new tourist rentals under the 2025 reform. If not, work out whether the required three-fifths approval is realistically achievable before investing in the conversion, and check separately whether the property qualifies for the regional tourist licence.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es before converting a Spanish property to a tourist rental.

Frequently Asked Questions

Can I just start renting my Spanish apartment out to tourists?

Not without checking your community’s rules first. Since a 2025 reform of the Horizontal Property Act, starting a new tourist rental in an apartment building generally requires prior express approval from the community of owners, obtained by a majority of three-fifths of both owners and participation quotas.

Does this apply to a tourist rental I already had running?

No — the 2025 reform applies to new tourist rental activity going forward; a rental that was already operating legally before the reform took effect on 3 April 2025 is generally protected.

Can my community charge me more once I convert to tourist rental?

Yes — communities can impose a higher common fee, up to 20% more, on units used for tourist rental to cover the additional wear on shared areas.

Does getting the tourist licence (VFT) replace the need for community approval?

No — they are separate requirements. The regional tourist licence and the community’s own approval under the 2025 reform are two independent hurdles, and you need to clear both, not just one.

What should I check before converting my property to a tourist rental?

Whether your community has already voted to restrict or ban new tourist rentals, whether you can obtain the required three-fifths approval if not, and separately whether the property qualifies for the applicable regional tourist licence.