A major reform to Spain’s Horizontal Property Law changes the rules for holiday lets—effective from April 3, 2025.

Until recently, property owners in Spain could rent out their apartments to tourists as long as they had the proper license from local or regional authorities. But a new legal reform that took effect on April 3, 2025, changes everything: tourist rentals are now prohibited by default in all residential buildings—unless the community of owners expressly approves them.

A Legal Shift: Communities Regain Control

The change comes from a substantial revision of Spain’s Horizontal Property Law, specifically in the new Article 17.12. This reform gives apartment communities (comunidades de vecinos) the legal power to decide whether tourist lets are allowed within the building.

According to the updated law:

“Any express agreement that approves, restricts, conditions, or prohibits tourist rentals must receive the support of three-fifths of all property owners, representing three-fifths of the ownership shares.”

In practical terms, this means no owner can now rent their property for tourist use unless their community agrees to it with a supermajority vote.

The Big Shift: From “Allowed Unless Banned” to “Banned Unless Allowed”

Before April 3, 2025: Tourist rentals were allowed by default, and communities had to vote to restrict or ban them.

From April 3, 2025 onwards: Tourist rentals are banned by default. Communities must proactively approve them with a qualified majority vote (60% of owners and 60% of shares).

This is a fundamental reversal of the burden: what was once allowed unless restricted must now be explicitly authorized.

What If a Property Was Already Being Used for Tourist Rentals?

The reform does not apply retroactively. So, if a property was already legally operating as a tourist rental and registered according to local regulations before April 3, 2025, it may continue doing so.

However, communities still have the right to impose a surcharge of up to 20% on shared expenses for these units, to compensate for increased wear and tear on communal areas.

What Role Do Community Statutes Play?

The community’s statutes or foundational deeds remain crucial. If these documents already contain a clause banning tourist or commercial use, that prohibition remains fully enforceable. Spain’s Supreme Court confirmed this in several rulings from 2023 and 2024.

Moreover, if the statutes are amended to prohibit tourist use, the community can demand the activity stop immediately—without needing further votes.

What If an Owner Ignores the Ban?

If a property owner rents out their unit for tourist use without community approval, the community can legally demand that the activity cease. This can be initiated by the president, any other owner, or even a resident affected by the rental.

If the violation continues, the community can take the case to court, armed with strong legal backing under the new law.

Is Community Approval Enough to Start a Tourist Rental?

No. Even if the community approves the rental, the owner must still obtain the proper tourist license from the relevant municipal or regional authority. In other words, both the community’s authorization and the official license are required—one without the other is not sufficient.

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In Summary:

• Tourist rentals are now banned by default in all apartment buildings in Spain.
• Communities of owners must vote to allow them (3/5 majority).
• Existing legal rentals are protected, but may face extra charges.
• Community rules take precedence, especially if tourist lets are already banned in the statutes.
• Legal action is possible against unauthorized rentals.
• Tourist licenses are still required, in addition to community approval.

This reform marks a major turning point for property investors and homeowners looking to enter or remain in the short-term rental market in Spain. Knowing your building’s stance—and having good communication with your community—is now more critical than ever.