In recent years, tourist rentals have become a recurring issue due to the numerous conflicts they generate within communities of owners or homeowners’ associations. Noise. Late-night disturbances. Antisocial behaviour. These are well-known issues. Until now, the Spanish Horizontal Property Law (LPH) offered some tools to limit or restrict this activity. In this week’s article, we examine the recent amendment to the LPH and how it will now affect tourist rentals in communities of owners.
What is considered a “tourist rental”? Regulation in the Valencia Region.
The approval of Decree 9/2024 last August forces us to begin with this question. What exactly qualifies as a tourist rental? In the Valencia Region, only properties that are rented in their entirety for 10 days or fewer, to the same tenant will be considered tourist rentals. Properties let by the room, or for 11 days or more, will not fall under this category.
To rent out a property under this model, the following are required:
- A Tourist Licence issued by the Valencian Government.
- A Unique Registration Number from the Property Registry.
Neighbour nuisance and the Horizontal Property Law.
Since 2019, Article 17.12 of the LPH has allowed communities of owners to “limit” or “condition” these types of rentals. To do so, a resolution supported by 3/5 of the owners and quotas is required. However, as we have explained in previous articles, the interpretation of Article 17.12 has never been straightforward. Is “limiting” or “conditioning” the same as banning? Is a 3/5 majority enough, or is unanimity required? Courts have given contradictory rulings. The Supreme Court’s judgment of October 3rd, 2024, put an end to years of uncertainty, confirming that communities could indeed prohibit these rentals through a resolution passed by 3/5 of owners and shares.
Now, the recent reform of the Horizontal Property Law takes things a step further.
Communities of owners must authorise Tourist Rentals.
On April 3rd, 2025, a major change to the LPH came into force. From now on, any owner wishing to carry out a tourist rental must first obtain the express authorisation of the homeowners’ association. In other words, no tourist rental can take place without the prior approval of the majority of the neighbours. This imposes stricter control over these types of properties. It is also important to note that this amendment is not retroactive, meaning it does not affect tourist rentals that were legally operating before the reform came into effect.
Furthermore, the president of the community (either on their own initiative or at the request of any neighbour) will issue a formal notice to anyone renting out their property for tourism without authorisation, demanding that they cease the activity immediately, under the threat of legal action.
Conclusion.
The recent amendment to the Horizontal Property Law fundamentally changes the landscape of tourist rentals in communities of owners. At White-Baos Lawyers, we specialise in the Horizontal Property Law and disputes of this nature. Please do not hesitate to contact us — we will assess your case and provide you with expert legal advice.
The information provided in this article does not constitute legal advice but is intended for general informational purposes only.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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