New Legal Framework for Tourist Rentals in Spain.
Tourist rentals in Spain are subject to some legal requirements that may vary from region to region: licences, contracts, insurance, registration books, etc. However, as of this year, there is a new national law that affects short-term rentals throughout the country.
With the introduction of Organic Law 1/2025, the regulation of tourist rentals in Spain has undergone a significant shift. These changes primarily affect property owners who intend to rent out their homes for short-term tourist stays. The reform grants homeowners’ associations greater control over tourist rentals within residential buildings, requiring prior authorisation for such activities.
Previously, property owners could engage in tourist rentals unless expressly prohibited by the community. However, the new law reverses this situation: owners must now obtain explicit approval from the homeowners’ association before they can legally operate a tourist rental.
Understanding these changes is crucial to avoid any trouble when renting out your property in Spain. These are the key aspects of the new regulation.
Key Changes Introduced by Organic Law 1/2025
1. Owners must seek express authorisation from their building’s homeowners’ association before using their property for short-term tourist rentals.
2. Approval requires a qualified majority: three-fifths of all property owners must agree, and they must also represent at least three-fifths of the ownership shares.
3. The law applies to properties intended for short-term tourist accommodation, typically those rented for periods of less than two weeks. Seasonal and long-term rentals remain unaffected.
4. Homeowners’ associations can now impose higher fees on properties used for tourist rentals, up to a maximum of 20% more than the standard community fees.
5. Communities can approve, limit, condition, or prohibit tourist rentals within the building, provided they meet the voting requirements.
6. Owners who legally operate a registered tourist rental before April 3, 2025, can continue their activity under the previous conditions.
7. Owners must register their property as a tourist rental in the Land Registry.
8. Communities now have the power to demand the cessation of unauthorised tourist rentals. Persistent violations could result in court action and potential suspension of property use for up to three years.
Implications for International Investors
If you are considering investing in a property to rent out, you need to consider these legal changes before you make up your mind. While short-term rentals remain a profitable venture, investors must now factor in the added step of community approval before engaging in this activity.
Before purchasing a property for tourist rental purposes, we advise you to:
- Check the building’s existing regulations on short-term rentals.
- Ensure a clear understanding of the approval process within the community.
- Consider the financial impact of potentially higher community fees.
These new regulations do not eliminate the potential profitability of tourist rentals but do introduce additional administrative hurdles. To avoid any bitter surprises, we recommend you seek legal guidance before investing.
As independent lawyers specialising in real estate in Murcia and Alicante South, we can help you navigate these new requirements in all safety.
Contact us for tailored legal advice before entering your property in the Tourist Rental market. We will go through the process with you and ensure you comply with Spain’s latest property regulations. Shall we help you?
Does this new regulation affect me ? I am renting out my property at La Torre GR since 2013 and it is registered in Murcia as a Holiday Rental Property.
This law will apply to short-term rentals not registered as Tourist Apartments before April 3rd 2025. If your property is already registered as Holiday Rental Property, your licence is still valid for the duration.
Please, note that this could be slightly different if you are renting your property through an agency. If the agency got the licence under their name, it would be valid for the duration as long as you keep working with them. However, if you terminated your agreement with the agency, the licence would not be valid anymore if it is under their name. If you are renting your property through an agency, we recommend you get a licence under your own name, to avoid this problem.