As of April 2025, the rules governing holiday rentals in Spain have undergone a major shift. Under the latest amendment to the Horizontal Property Law (Ley de Propiedad Horizontal, LPH), neighbours now have the power to approve or block the use of residential properties as tourist accommodations within their building.
This change is outlined in Organic Law 1/2025, which came into force on 3 April 2025, and specifically introduced a new section 3 to article 7 of the LPH. The revised text establishes that any property owner wishing to offer their unit for short-term tourist lets must first obtain explicit approval from the community of owners.
Turning Flats into Tourist Rentals Now Requires Community Consent
Previously, landlords could rent out their properties to tourists unless the building’s internal statutes explicitly prohibited such activity. Under the new framework, however, the default is reversed: no tourist rental can be initiated without prior consent from the residents’ association.
This means that neighbours now have the legal authority to block the conversion of residential buildings into de facto tourist accommodation hubs.
What Approval Is Required? The Three-Fifths Rule Explained
The process is governed by Article 17.12 of the Horizontal Property Law, which specifies the required majority for decision-making:
- A favourable vote of three-fifths (60%) of all property owners is required.
- These owners must also represent three-fifths of the total participation quotas (i.e. share of ownership or floor area).
This resolution can be adopted at any general meeting of the community. For the decision to be legally binding, it must simply be formally recorded in the meeting minutes.
Consequences for Non-Compliance
Once a ban or restriction has been agreed upon, it has immediate legal effect:
- Owners cannot begin offering their property as a holiday let without community approval.
- Those already operating tourist rentals may be required to cease activity if they lack formal authorisation.
This legal change effectively shifts the balance of power towards residential communities, offering a tool to regulate or limit short-term tourism and preserve residential character in shared buildings.
