New tourist apartments will need the express approval of the homeowners' association with the support of three-fifths from this Thursday, and without this consent, the owners may demand the immediate cessation of this activity or even take legal action.
On April 3, Organic Law 1/2025 on measures regarding the efficiency of the public justice service comes into force, which modifies the Horizontal Property Law in order to "empower" the communities of neighbors, who may or may not approve tourist rentals given the proliferation they are experiencing in our country and the problems of access to housing.
It should be remembered that last year several rulings by the Supreme Court already endorsed that homeowners' associations could prohibit tourist apartments in their building by a majority of three-fifths.
This new regulation will not affect, however, the owners who already had tourist apartments before this date, who will be able to continue developing their activity.
What does the modification consist of?
The new organic law, which introduces significant reforms to the 1960 Horizontal Property Law, states that the owner of a home who wants to carry out tourist rental activities must first obtain the express approval of the homeowners' association.
In addition, the president of the community - on their own initiative or that of owners or occupants - will require whoever carries out the activity without it having been approved to cease it immediately before initiating the pertinent legal actions, if applicable.
The express agreement to approve, limit, condition or prohibit a tourist apartment will require the favorable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation fees.
This is the same majority that will be required to agree on special expense quotas or an increase in the participation of the common expenses of the home where the activity is carried out, provided that they do not represent an increase of more than 20%. These agreements will not have retroactive effects.
For their part, those owners of a tourist apartment who are carrying out the activity prior to this Thursday, when the new law comes into force, and have previously adhered to the sectoral tourism regulations, may continue to carry out the activity with the established conditions and deadlines.
Until now, with the Horizontal Property Law, the owner of a home could put their apartment up for tourist rental and when nuisances were generated, it could be taken to the neighborhood meeting to be able to eliminate that tourist accommodation with a majority of 3/5.
The Government defends more housing and less Airbnb
With this measure, the Government seeks to "empower" homeowners' associations in order to demand prior authorization for tourist apartments. It is also working on a fiscal package, which, among other points, aims to have tourist rentals considered another economic activity and subject to VAT.
The Executive considers that there is a broad social consensus to prohibit, limit or regulate tourist accommodation, which, it points out, is colliding with the right to decent housing, raising the price of rent and limiting the supply of residential rentals.
"We need less Airbnb and more housing," said the Minister of Housing, Isabel Rodríguez, who is in favor of prohibiting them in the areas where it affects the most.
Along with this, the Executive has also created a single registry to avoid fraud with the commercialization of short-term rentals, including tourist rentals, and whose application will take effect on July 1.
From the General Council of Associations of Property Administrators, they believe that this law gives legal certainty to homeowners' associations and property administrators and highlight the problems of coexistence generated by tourist apartments.
Hoteliers reiterate that the "mess" of tourist apartments must be stopped, while the platforms call for a "constructive" dialogue and "fair, proportionate and necessary" limitations and point out the impact they have on local economies.
