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.
Key Changes to Tourist Rental Regulations:
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Quick Answer
What: How Spain’s April 2025 Horizontal Property Law reform affects tourist rental owners in community buildings.
Who it’s for: Holiday rental owners and community of owners (comunidad de propietarios) in Spanish apartment buildings.
Key fact: Communities can now restrict or ban tourist rentals with a 3/5 majority vote under the new law.
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- Community Approval Required: Property owners must now secure explicit approval from their homeowners’ association before using their apartment as a tourist rental. This requires a favorable vote from at least three-fifths of the total property owners, representing three-fifths of the community’s shares.
- Increase in Community Fees: Homeowners’ associations can impose an additional fee of up to 20% on the regular community charges for apartments designated as tourist rentals. This extra fee aims to cover the increased wear and tear on communal spaces and address any potential disturbances.
- Immediate Action Against Unauthorized Rentals: The community president can immediately demand a halt to any unauthorized tourist rental activities. This can be initiated either independently or upon request by any community member, with potential legal action against non-compliant property owners.
Implications for Property Owners:
- Ensure you obtain prior community approval before offering your property as a tourist rental.
- Stay informed and comply with local and regional tourist rental regulations.
- Anticipate possible increased community fees and additional rules established by your community.
Existing Tourist Rentals:
The specific articles modified by this reform in the Horizontal Property Law (LPH) are:
- Article 7: A new section (3) is added, requiring explicit community approval to use properties as tourist rentals.
- Article 17: Section 12 is amended, allowing homeowners’ associations to limit or condition tourist rental activities with a three-fifths majority vote.
- Second Additional Provision: Introduces specific measures regarding existing tourist rentals prior to this reform.
For more details, you can consult the full text of the Horizontal Property Law here.
This reform will not affect properties already operating as tourist rentals before April 3, 2025. These properties may continue their activities without requiring new community authorization.
This legislative update is designed to better manage the growing tourist rental market, enhance residential harmony, and tackle challenges related to excessive tourist activity.
If your community needs legal advice or support related to these regulations, Costaluz Lawyers provides comprehensive legal reports and professional assistance tailored specifically for homeowners’ associations and community members.
For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
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.
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Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
I do not rent my apartment but hold a rental licence can I be charged the 20% fee
If your situation wasn’t discussed in the community meeting, you can argue that the 20% surcharge shouldn’t apply if there’s no actual rental activity. In the strictest sense, both legally and logically, this surcharge should only be charged to those who are actively renting their properties. If that’s not the case, you could challenge this rule or request a meeting to discuss it further. Check the meeting minutes or ask for clarification from the community to confirm.
How common is it that people do not manage to obtain a favorable vote from at least three-fifths of the total property owners in their community of owners group?
Thanks
I let friends and family stay in my apartment some paying an amount to cover running costs. We do not uses any online sites like air banb or owners abroad .
Do the new rules affect me
Thank you
New Spanish rules require short‑term rentals to register and get a license, but “non‑remunerated” stays—where guests just chip in for bills—are exempt. If you only host friends or family without profit or public listing, you don’t need to register.
We live in an apartment block 3rd floor.our neighbour’s on the 4th floor
Wants to install a lift from the ground
Up to his apartment.
Can you please advise me on the following
1) Does he need planning permission
For this Lift installation
2) will he need to have a structural engineers report ,establishing whether the building is suitable or not
To take this Lift.
3) As the proposed lift will be attached and mounted to the outside wall of our Apartment,Will
My neighbour need to aquire a right of way from us.for his lift .
Your comments would be greatly appreciated
Thank you for your comment. In general:
Yes, installing an external lift usually requires planning permission from the local town hall.
Yes, a structural engineer’s report is typically required to assess the building’s suitability.
Yes, if the lift is mounted on or passes over part of your property, your neighbour would need to obtain your consent or a formal right of use (servitude or easement).
Always consult a local architect or lawyer for case-specific advice.
We have two tourist rentals in our community of 31 properties. Others are let out to friends families either with no charge or just paying towards the bills.
The two tourist rentals held licences before the new law so don’t need approval. We have recently received complaints from news owners about “rule breaking and noise” from these properties. Can the community vote to stop them renting? I assume it would need a 3/5ths majority both in number and coefficient? Is that 3/5ths of the total or only of those represented on the vote?
Can a community allow Suso me owners to rent but not others?
Licensed tourist rentals obtained before the new law cannot be banned retroactively. A community can vote (3/5 of all owners and quotas) to regulate future rentals, but rules must apply equally — they cannot allow some owners to rent and forbid others.
Does the community also require 3/5 majority vote to increase community fees for tourist rentals or can this be decided at the annual meeting by the owners that attend?
Under Spain’s Horizontal Property Act, different rules apply:
General fee increases for all owners → can be approved by a simple majority of owners present or represented at the AGM (unless the bylaws state otherwise).
Special surcharge of up to 20% for tourist-let units → requires a 3/5 majority of all owners and quotas.
Restricting or banning tourist rentals → also needs a 3/5 majority.
Hello, does the new horizontal law dictate what is classified as a short term let for this new renting requirement? Our president is stating that it’s only for rentals up to and including 11 days. Can you clarify for me please
The definition of a “tourist apartment/holiday rental” is regional: a furnished, temporary, vacation-oriented lodging marketed on tourism channels and subject to administrative requirements.
Nationally, Spain’s LAU (art. 5.e) excludes these rentals from the general tenancy regime; specifics (registrations, licenses, services) are set by each Autonomous Community.
Regions also set stay thresholds (e.g., 10 days, 31 days, 2 months) and distinguish VUT (individual homes) from AT (professionally managed establishments), with different obligations.
In the period summer 2024 – June 2025 we rented out our appartment via an agency. The licence for holiday rentals is still registered under the agencies name. However, we decided to not renew the contract with the agency and would like to register the current licence number under our own name as to avoid requesting explicit permission from the home owners association as would be the case for filing new licence requests. How are the chances of success?
Chances of success: generally high if the registration is still active and your HOA has no registered 3/5 ban on tourist lets.
Regions that typically accept a simple “change of holder” (modification/notification, not a new licence):
Andalusia
Madrid (Region)
Catalonia
Canary Islands
Murcia
Cantabria
Basque Country
Watch-outs: recent municipal moratoria/zonings may add extra urban-compatibility checks; a registered HOA ban can block you even if the regional registry allows the change.
Tell me your municipality and I’ll outline the exact steps and form.
Hello,
Our community took a decision not to bann the tourist rentals. We are in Andalusia region, Mijas.
Is it possible to rent a house for 11 days or more days or we need to obtain the permission from the community?
If you rent as a seasonal let (not a tourist rental, with no hotel-type services and a clear purpose such as work/studies or a longer holiday stay), you don’t need the Community of Owners’ permission and it is not subject to the VFT rules.
“11 days” is not a legal threshold by itself — what matters is whether it is marketed as a tourist rental or as a seasonal tenancy. The “11-day” reference is something you may hear in the context of the Comunidad Valenciana, not Andalucía.
If a community votes with a 3/5 majority to impose a 20% surcharge on fees can this be applied to all tourist rentals regardless of when they were registered, that is before or after the 2025 Horizontal Law amendments. I believe the actual licences is not a respective active but I’m not clear if extra fees could be posed on existing rental licences or only new ones.
Yes — a community can approve an up to 20% surcharge with a 3/5 majority, but it cannot be applied retroactively. In practice, it can be charged going forward from the date of the resolution, even to tourist rentals that were already operating before the 2025 amendments.