With the entry into force on April 3, 2025, of Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service, tourist accommodation rentals are required to have express permission from the community of neighbors in order to be legalized.

Ley Orgánica 1_2025 de 2 de enero

1.- Requires express approval from the community in order to legalize housing for tourist use.

This law modifies the Horizontal Property Law (LPH) as follows:

Final provision four. Amendment of Law 49/1960, of July 21, on Horizontal Property.

Uno. Se añade un apartado 3 al artículo séptimo, con la siguiente redacción:
«3. El propietario de cada vivienda que quiera realizar el ejercicio de la actividad* a que se refiere la letra e) del artículo 5 de la Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos, en los términos establecidos en la normativa sectorial turística, deberá obtener previamente la aprobación expresa de la comunidad de propietarios, en los términos establecidos en el apartado 12 del artículo diecisiete de esta Ley.
El presidente de la comunidad, a iniciativa propia o de cualquiera de los propietarios u ocupantes, requerirá a quien realice la actividad del apartado anterior, sin que haya sido aprobada expresamente, la inmediata cesación de las mismas, bajo apercibimiento de iniciar las acciones judiciales procedentes, siendo de aplicación lo dispuesto en el apartado anterior.»

One. A section 3 is added to article seven, with the following wording:
“3. The owner of each dwelling who wishes to carry out the activity* referred to in letter e) of article 5 of Law 29/1994, of November 24, on Urban Leases, under the terms established in the sectoral tourism regulations, must previously obtain the express approval of the community of owners, under the terms established in section 12 of article seventeen of this Law.
The president of the community, on their own initiative or that of any of the owners or occupants, shall require anyone performing the activity in the previous section without express approval to immediately cease such activity, with the warning of initiating the appropriate legal actions, applying the provisions of the previous section.”

* e)The temporary transfer of use of an entire furnished and equipped dwelling in conditions for immediate use, marketed or promoted through tourism supply channels or by any other means of marketing or promotion, and carried out for profit, when it is subject to a specific regime derived from its sectoral tourism regulations.

  • In other words, no tourist housing can be legalized without providing the express approval of the neighborhood association, which must be approved by a favorable vote of three-fifths of the total owners.

In other words, no tourist housing can be legalized without providing the express approval of the neighborhood association, which must be approved by a favorable vote of three-fifths of the total owners.

2.- The word “prohibit” has also been included when modifying the statutes of the neighborhood association.

This law amends the Horizontal Property Act (LPH):

Final provision four. Amendment of Law 49/1960, of July 21, on Horizontal Property.

Two. Section 12 of article seventeen is amended and shall be worded as follows:
«12. The express agreement to approve, limit, condition, or prohibit the exercise of the activity referred to in letter e) of Article 5 of Law 29/1994, of November 24, on Urban Leases, under the terms established in the sectoral tourism regulations, whether or not it involves a modification of the constitutive title or the statutes, shall require the favorable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation quotas. Likewise, this same majority shall be required for the agreement establishing special expense quotas or an increase in the participation of common expenses for the dwelling where said activity is carried out, provided that these modifications do not involve an increase exceeding 20%. These agreements shall not have retroactive effects.»

In other words, there is no longer any doubt as to whether a homeowners’ association can prohibit tourist rentals.
YES, it can prohibit tourist accommodations in its bylaws.

3.- What happens to the properties that are already legalized for tourism in each autonomous community?

This law amends the Horizontal Property Act (LPH):

Final provision four. Amendment of Law 49/1960, of July 21, on Commonhold Property.

Three. A new second additional provision is added, with the following wording:

«Second additional provision.
The owner of a dwelling who is carrying out the activity referred to in point e) of Article 5 of Law 29/1994, of November 24, on Urban Leases, prior to the entry into force of the Organic Law on measures regarding the efficiency of the Public Justice Service, and who has previously adhered to the sectoral tourism regulations, may continue to carry out the activity under the conditions and terms established therein.

In other words, they cannot request express authorization nor can they demand the cessation of activity, provided that the holiday rental home is properly legalized.

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4.- When does it take effect?.

This law amends the Horizontal Property Act (LPH):

Thirty-eighth final provision. Entry into force.
1. This law shall enter into force three months after its publication in the Official State Gazette.

2. Title I, the first additional provision, the first through eighth transitory provisions, and the sixth final provision of this law shall enter into force twenty days after their publication in the “Official State Gazette”.

That is to say, it will come into force on April 3, 2025..

5.- What documentation must be provided to prove the express approval of the community of property owners?

We remind you that the documentation to justify the express approval of the community of owners to carry out tourism activities at the declared address, in accordance with the provisions of the following articles of Law 49/1960, of July 21, on Horizontal Property, must comply with:

Article 19:

  1. The agreements of the Board of Owners shall be recorded in a minute book authorized by the Property Registrar in the manner prescribed by regulation.
  2. The minutes of each meeting of the Board of Owners must state, at least, the following circumstances:
    a. The date and place of the meeting.
    b. The person who called the meeting and, where applicable, the owners who promoted it.
    c. Whether it is an ordinary or extraordinary meeting and an indication of whether it is being held on first or second call.
    d. A list of all attendees and their respective offices, as well as the owners represented, indicating, in all cases, their participation quotas.
    e. The agenda of the meeting.
    f. The agreements adopted, indicating, if relevant to the validity of the agreement, the names of the owners who voted for and against them, as well as the participation quotas they respectively represent.

6.- What happens with tourist rentals by bedrooms?.

This modification only affects at tourist houses that are rented in their entirety.