A major transformation is on the horizon for property owners in Spain involved in tourist rentals.
The upcoming Organic Law 1/2025, set to take effect on April 3, 2025, introduces significant amendments to the Horizontal Property Law. These revisions specifically target short-term rental properties, mandating that property owners secure clear authorization from their Community of Owners before engaging in tourist rental activities.
Key Changes to the Law Two main updates are now in place:
Article 7, Paragraph 3 (New Addition): Property owners must not only ensure that tourist rentals are not expressly prohibited by their Community of Owners but must also obtain explicit authorization to proceed with such activities.
Amendment to Article 17, Paragraph 12: Approval for tourist rentals now requires a minimum vote favouring the activity by owners representing 3/5 of the property quotas. In second meetings where votes fall short, a simple majority will suffice. Furthermore, a mandatory 20-day waiting period follows the notification of meeting minutes, allowing space for objections to be raised.
Steps for Property Owners Before April 3, 2025 Owners who plan to rent out their properties for tourist purposes must take the following actions prior to the implementation date:
1. Request a Community Meeting: Formally request that the topic of authorizing tourist rentals be added to the agenda of a Community of Owners meeting.
2. Obtain a Favourable Vote: Secure approval from at least 3/5 of the community's voting quotas, or ensure majority agreement in a second meeting if initial conditions are not met.
3. Honour Objection Period: Wait for the mandatory 20-day objection period to conclude after meeting results have been communicated. Silence during this period implies consent to the decision. Without explicit authorization from the community, renting out a property for short-term tourist purposes will be prohibited—even if no prior restrictions were in place.
Implications for Existing Licenses
These legal changes are not applied retroactively. Property owners who already possess valid tourist rental licenses before April 3, 2025, are exempt from needing additional authorization under the new law.
Role of the Community President
Under the updated framework, the president of the Community of Owners is empowered to enforce compliance with the following measures:
- Demand the immediate cessation of unapproved tourist rental activities.
- Pursue legal proceedings against property owners operating unauthorized rentals, contingent upon prior approval from the Board of Owners.
Practical Advice for Property Owners To ensure full compliance and avoid potential legal pitfalls, property owners should prioritize the following actions:
- Apply for a tourist rental license before April 3, 2025, if renting has not been explicitly prohibited by their community regulations.
- Always obtain formal authorization from the Community of Owners to mitigate disputes or future complications.
- Consult a legal professional for guidance on navigating approval processes and securing necessary documentation.
These changes underscore the importance of staying proactive and informed about legal obligations concerning tourist rentals. If you currently own property within a Community of Owners and intend to engage in short-term rental activity, act now to safeguard your investment and align with the forthcoming requirements.
