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.
Since January 2025, Spain’s Organic Law 1/2025 has changed how communities of owners can regulate short-term tourist lettings.
The law adds a new section to Article 7 and modifies Article 17(12) of the Horizontal Property Act:
Any owner wishing to carry out the activity referred to in Article 5(e) of the Urban Leases Act (short-term tourist letting) must first obtain the express approval of the community of owners.
The resolution approving, limiting, conditioning or prohibiting such activity shall require the favourable vote of three-fifths of the total owners representing three-fifths of the shares.
This new “three-fifths” rule is prompting many communities to debate whether they can approve or limit tourist apartments by 60 % of votes.
But before calling a vote, there is a crucial step: review your registered bylaws.
Spain’s Supreme Court (Civil Chamber) has confirmed in recent judgments that:
- Tourist rentals are an economic activity.
- If your registered bylaws already prohibit professional, business, commercial or mercantile activities, that prohibition also covers tourist rentals.
- The three-fifths rule cannot override an existing prohibition. A 60 % vote can be used to adopt a new restriction where none existed before. It cannot “authorise” or make legal an activity the bylaws already forbid.
In practice:
- Where no prohibition yet exists, a three-fifths majority is now needed to adopt one.
- Where a prohibition is already registered, it is valid and directly enforceable without another vote. The community should focus on enforcing its own bylaws, not on re-voting.
For homeowners’ associations facing disputes about tourist rentals, the first and most important action is to check what your bylaws actually say. Only then can you decide whether you need a new vote under the 2025 reform or simply apply an existing ban.
We offer a complimentary review of your community’s bylaws to help you understand your options under the new law.
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.