From 3 April 2025, urbanisations and co-owners' associations in Spain will have additional opportunities to holiday rental regulate. Landlords will need approval for holiday rentals. This new legislation (search on "Disposición final cuarta") introduces three key measures that strengthen the control and approval of holiday rentals in communal properties.
Learn more about the importance of the co-owners' association here.
1. Prior approval for holiday rental from co-owners' association required
Owners wishing to offer their property for holiday rental must now explicit and prior approval obtain from the co-owners' association. This is an important change as landlords are no longer automatically free to offer their property for tourism purposes. The community of co-owners therefore has more control over who is allowed to carry out tourism activities in the building.
2. Widening voting rules for holiday rentals
The legislation extends the required 3/5 majority out for holiday rental decisions. From now on, all decisions on the allowing, restricting or prohibiting holiday rentals be approved by a majority of 3/5 of owners who together also 3/5 of ownership shares (quotas) represent. This means that decision-making power is further dispersed, with a significant number of owners agreeing to the decision to approve or restrict holiday rentals or not.
Previously, a 3/5 majority of owners and quotas could decide to ban or restrict holiday rentals. Now this is reversed: holiday rentals must be allowed.
Learn more about the community's holiday rental options here.
3. President becomes enforcer
Another adjustment concerns the role of the chairman of the community. The chairman is given the power to take action against owners who holiday let without the approval. This may include the chairman forcing the owner to cease holiday rentals immediately. If necessary, the chairman may take legal action. The chairman can act on his own initiative or on the initiative of one of the owners or residents.
No retroactivity of new decisions
Decisions of the association of co-owners have no retroactivity. This means that previous holiday rental licences cannot be undone by subsequent decisions of the co-owners' association.
Existing holiday landlords remain unaffected
Existing holiday landlords will be protected under the new legislation, as long as they continue to comply with applicable national and regional legislation for holiday rentals. This means that owners already practising holiday rentals before 3 April 2025 can continue their activity without being affected by the new rules.
Decision
This new legislation provides more control to co-owners' associations, especially the chairman, over holiday rentals. Owners wishing to offer holiday rentals will now have to reckon with stricter approval processes and voting rules. Approval for holiday rentals will have to be explicitly sought. In addition, chairmen will be given more responsibility in enforcing the rules.
