If you’re considering renting out your property as a tourist accommodation in Spain, take note—major legal changes are coming. From April 3, 2025, new amendments to the Horizontal Property Law (LPH) will require property owners to obtain approval from their neighbors before offering their homes for short-term rental. These new rules aim to give more control to residential communities while tightening regulations on tourist apartments.

So, what exactly is changing, and how does it impact property owners? Let’s break it down.

Key Changes to the Law

1. Express Approval from the Community (Article 7)

One of the most significant changes is the requirement for express approval from three-fifths of the building’s residents before a property can be used for tourist rentals.

• Until now, tourist rentals were allowed unless explicitly prohibited by a majority vote.
• From April 2025, it will be the owner’s responsibility to seek written authorization from the community.
• If the request is denied, the rental activity cannot proceed.

This means that neighbors now have direct power to approve or block tourist rentals within their building. If an owner proceeds without approval, the community president or any resident can legally demand the immediate cessation of the rental activity.

2. New Limitations and Potential Fees (Article 17, Point 12)

• The reform also gives communities the right to regulate, restrict, or prohibit tourist rentals by a three-fifths majority vote.
• Additionally, residents can impose higher community fees on apartments used for tourist rentals. These additional charges cannot exceed 20% of the usual community fees.

This new measure aims to address concerns that tourist rentals contribute to increased maintenance costs, noise complaints, and disturbances in residential buildings.

3. Retroactivity Protection (Second Additional Provision)

One key aspect of the law is that existing tourist rental businesses are protected. If an owner is already legally operating a short-term rental before April 3, 2025, they can continue without needing approval from neighbors.

However, any new tourist rental activities initiated after this date will be subject to the new approval requirements.

Impact on Property Owners and Buyers

For Current Hosts

If you already have a licensed and active tourist rental, this law change won’t affect you. Your rights are protected, and you can continue operating as usual.

For Future Investors and Property Buyers

• If you are considering buying a property for short-term rental, check the building’s community regulations first.
• Some communities may vote to prohibit tourist rentals, making it essential to obtain written confirmation before purchasing.
• Future property investors may need to focus on standalone properties or buildings that are explicitly short-term rental-friendly.

Why Is This Reform Significant?

This reform marks a return to stricter regulations, reversing the more flexible rules introduced in 2019. The government aims to balance the benefits of tourism with the rights of permanent residents who may be affected by high rental turnover, noise, and community disruption.

For property owners, the key takeaway is clear: tourist rentals will no longer be a default right—they must be expressly approved by neighbors.

Final Thoughts

The new regulations will have a major impact on Spain’s tourist rental market. If you already operate a legal tourist apartment, you are safe. However, if you plan to start renting out your property from April 2025 onwards, you must obtain community approval.

If you’re considering investing in property for short-term rentals, now is the time to plan ahead and check the regulations in your desired location.

At AP Properties Spain, we stay up-to-date with all legal changes affecting property owners. If you need guidance on buying or selling a property under these new regulations, contact us today!