Property owners in Spain who plan to rent out their properties on a short-term basis should update their knowledge of upcoming regulatory changes. The new Law No. 1/2025, which comes into force on 3 April 2025, introduces significant changes to property laws and, in particular, to tourist rentals. First and foremost, property owners will have to obtain the express consent of the community of owners before starting a short-term rental business.
What changes have been made?
The two main changes are:
- Article 7, paragraph 3: Tourist rental of property will only be possible if the owner obtains the express consent of the community of owners. Previously, it was sufficient for the rental not to be prohibited, but it will now be necessary to obtain formal consent.
- Modification of Article 17, paragraph 12: An affirmative vote of at least 3/5 of the owners from the community members will be required to approve a tourist rental. The decision on the rental will be able to be taken by simple majority, and after the announcement of the vote, there will be a 20-day period during which community members can object. Failure to respond will be deemed to be consent.
What should be done after 3 April 2025?
Property owners who are planning a tourist rental should:
- Submit a request for a meeting of the community of owners to formally submit an application for tourist rental authorisation.
- Obtain the support of at least 3/5 of the votes of the community members.
- Wait 20 days after the minutes of the meeting have been circulated for community members to express their objections. Failure to respond will be treated as consent.
- Renting property for tourism purposes without the community’s consent will be prohibited, even if the activity is not expressly prohibited.
What about licences already issued?
The Act is not retroactive, so landlords who obtained a licence before 3 April 2025 will not be required to apply for an additional licence, unless the landlord community has previously banned tourist rentals.
Does the community president have the right to stop an unauthorised rental?
Yes, the president of a community of owners can order the cessation of a tourist rental if the rental has not been previously approved by the community. In order to take legal action against a property owner, the president must obtain the approval of the community board.
What to do?
To avoid legal problems, property owners should:
- Operate before 3 April 2025. – Apply for a tourist rental licence if the owner community has not imposed a ban.
- Secure the consent of the community of owners – Obtain formal permission to avoid possible disputes in the future.
- Consultation with a lawyer – It is advisable to use a lawyer to help you through the process of obtaining authorisation and a tourist licence.
If you own a property and intend to rent it out to tourists, it is best to take the appropriate steps now so that you do not expose yourself to legal problems in the future.
Contact us to find out how we can help you realise the full potential of your property, in line with current legislation.
