Q&A: Supreme Court Rulings on Banning Short-Term Tourist Rentals in Spain

With the increasing popularity of short-term tourist rentals, especially through platforms like Airbnb, many communities of property owners in Spain have faced challenges maintaining peace and order within residential buildings. The Spanish Supreme Court has now clarified the legal framework, making it easier for communities to regulate or ban tourist rentals. Below, we explore the key points and legal implications of these rulings.

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1.Can communities of property owners ban tourist rentals?

Yes. The Spanish Supreme Court has ruled that property owner communities (comunidades de propietarios) can ban tourist rentals by a three-fifths majority vote. This was established following the interpretation of Article 17 of the Horizontal Property Law (Ley de Propiedad Horizontal or LPH). Previously, such decisions required unanimity, but since 2019, communities can limit or even prohibit tourist rentals with a qualified three-fifths majority.

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This ruling gives property owners a significant degree of autonomy over how their residential spaces are utilized. With the rise of tourism, some buildings have experienced issues related to noise, waste, and overcrowding due to frequent short-term rentals. By implementing this legal mechanism, communities now have a formal tool to preserve a quieter, more stable environment for long-term residents.

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2. What is meant by “limiting” tourist rentals?

This term caused some confusion until the Supreme Court stepped in to clarify. “Limiting” doesn’t just mean placing restrictions on how often a property can be rented out or how it’s used for tourists. It also includes the power to ban tourist rentals entirely. This clarification means that communities can not only regulate but also stop short-term rentals if they choose to.

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3. Does the ban apply to properties already renting to tourists?

No, the ban is not retroactive. If a property was already legally being rented out for short-term tourist stays before the community vote, that activity can continue. The new rules will only apply to any future rentals that begin after the ban has been approved. This ensures that property owners already running legal rentals are not unfairly penalized.

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4. What happens if an owner violates the ban and continues tourist rentals?

If a property owner ignores the community’s decision and continues to offer their home as a tourist rental, the community has the right to take legal action. Under Article 7.2 of the Horizontal Property Law, the community can request a court order to stop the rental activity. In severe cases, the court can also impose fines, demand compensation for damages to the community, or even restrict the use of the property for up to three years.

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5. What are the consequences for tenants if they break the rules?

If the person renting out the property is a tenant rather than the owner, the community can still take action. They can ask the court to terminate the rental contract and order the eviction of the tenant for breaking the community’s rules on short-term rentals. This applies even if the tenant had a valid rental contract with the property owner.

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By holding tenants accountable in this way, communities can ensure that both property owners and renters respect the regulations in place. This reduces the likelihood of unauthorized short-term rentals continuing under the radar and helps maintain the residential nature of the building.

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6. Does the ban affect all types of rentals?

No, the ban applies specifically to short-term tourist rentals, as defined by the Urban Rental Law (LAU). Other types of rentals, such as long-term leases, seasonal rentals, or renting out individual rooms, are not covered by the ban. To restrict those types of rentals, the community would need unanimous approval from all property owners. This means owners can still lease their properties for purposes other than tourist accommodation unless the community decides otherwise by unanimous vote.

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7. What if a community already has a tourist rental ban in their statutes?

If a community already has a ban on tourist rentals written into its statutes, the Supreme Court has confirmed that these bans remain fully valid. In these cases, the properties within the building can only be used for residential purposes, and any form of economic activity, including short-term rentals, is prohibited. This ruling provides legal clarity and security for communities that have long had these restrictions in place.

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Conclusion
The Supreme Court’s decision strengthens the ability of property owner communities in Spain to regulate or ban short-term tourist rentals. While the ban won’t affect properties that were already legally renting to tourists before the vote, it will prevent new rentals from being set up in the future. For communities looking to maintain a more residential environment, this ruling offers a valuable tool for controlling how properties are used. On the other hand, property owners affected by the ban must be aware of their legal rights and obligations.

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Need Help with Tourist Rental Laws? Contact Costaluz Lawyers

At Costaluz Lawyers, we have extensive experience with property law, including tourist rental regulations and community rules. If you’re facing challenges related to tourist rentals in your building or need advice on property rights, contact us today for expert guidance.

Related guide: QuickLease rental compliance before purchase.