YOU NOW NEED TO PERMISSION FROM YOUR COMMUNITY TO RENT YOUR PROPERTY FOR HOLIDAYS...

We want to bring to your attention a significant legal change that may impact you renting out your property for holiday rentals or for short term rentals.

The new introduced Organic Law 1/2025 (comes into effect on 3 April 2025).

This will introduce stricter measures for tourist rentals or holiday rentals within urbanisations and developments that have a community of owners.
Changes

Under the new law:

Property owners must now obtain authorisation from their Community of Owners before renting out their property for tourist purposes (short term rentals).

Previously, owners were allowed to complete short-term or holiday rentals if this was allowed within the community. 

With the new regulations:

Written authorisation is required from the Community of Owners before completing tourist rentals / holiday rentals.
 
Approval requires a 3/5 majority vote of all ownership quotas. If a vote takes place in a second meeting, a simple majority will suffice.
 
If no express approval is granted, the property cannot be rented for short-term stays.
 
The Community President now has the authority to prevent or stop any unauthorized tourist rentals. However, legal action against the owner still requires approval from the Board of Owners.
 
A 20-day waiting period applies after the meeting minutes are notified, allowing time for objections. Silence is considered acceptance of the majority decision.

I Already Have a Tourist Rental Licence

If you already held a valid tourist licence before 3 April 2025, the change would not affect you.  Existing licences will remain valid, and no additional approval is needed.

What Do I Do Now?

If you own a property that is part of a Community of Owners (usually complexes, developments or urbanisations and you pay community fees) and you plan to use your property for holiday rentals / tourist rentals, you should complete the following:

Speak to your lawyer or gestor to gain their guidance and advice, should you feel this is necessary.
 
Make an application for a tourist rental licence before 3 April 2025 and before the new regulations take effect (your lawyer or gestor will be able to conduct this or contact us for more information).  Try to get written confirmation of some kind, before the 3rd April 2025.
 
Contact your community to request authorisation for completing short-term rentals.  Inform the community that you have or are making an application to complete short term rentals.  Again, try to get written confirmation from your community of some kind, before the 3rd April 2025.

Failing to complete the above steps may prevent you from renting your property after the 3rd April 2025.
 
Please do not hesitate in contacting us for any further guidance or assistance in this matter.  We are here to help.
 
Please note, this is not legal guidance and this article is only written for information purposes.  We would ask that you contact your legal representative at all times before acting.

FOR ANY FURTHER INFORMATION OR IF YOU HAVE ANY QUESTIONS, PLEASE DO LET US KNOW AND WE WOULD BE HAPPY TO HELP.