Spain's horizontal property law reform requires express approval of tourist apartment activity by "community of owners"

The entry into force of the reform of the Law on Horizontal Property enacted by Organic Law 1/2025 requires homeowners who wish to use their properties for tourist rentals must obtain prior express approval from the community of owners.

Organic Law 1/2025, enacted on 2 January implements measures to enhance the organisational and procedural efficiency of the Public Justice Service. Notably, its Fourth Final Provision amends Law 49/1960, dated 21 July, concerning "horizontal property", specifically affecting homes used for tourism. After a three-month vacatio legis, the law became effective on 3 April 2025.

Need for express approval of tourist rental activity

The issue of tourist housing has become a significant concern in Spain's social and political landscape, prompting lawmakers to take action once again. Importantly, Royal Decree-Law 7/2019, dated 1 March, introduced urgent measures related to housing and rentals. This decree established an exception to the general rule of unanimity in the Law on Horizontal Property, allowing for changes to the statutes of a "community of owners" – the entity formed of property owners within a shared building or development – to limit or regulate tourist rental activities.

The reform introduced by Organic Law 1/2025 requires homeowners to obtain express approval before using their properties for tourist rentals. While there are no specific regulations prohibiting tourist rental activities, article 7.3 of the Law on Horizontal Property clearly states that homeowners must secure explicit consent from the community of owners before engaging in these activities.

The definition of tourist rental activity is detailed in Law 29/1994, dated 24 November, regarding urban leases. This activity involves the temporary transfer of the entire use of a furnished and equipped home that is immediately ready for occupancy, as well as the marketing or promotion of the properties through tourist channels or other marketing methods and their operation for profit, in accordance with specific regulations from the tourism sector.

Required majority and consequences of non-compliance

A majority vote is required from three-fifths of the total number of owners to obtain prior approval. These owners must collectively represent three-fifths of the participation quotas within the community. This same majority is necessary for agreements limiting or conditioning tourist rental activities. Additionally, lawmakers have clarified that with this majority, agreements can be made to prohibit such activities—a stance previously supported by the General Directorate of Public Faith and Legal Certainty and the Supreme Court. Any agreed-upon decision will not have retroactive effects.

With the reform introduced by Organic Law 1/2025, lawmakers have established a legal remedy for homeowners or residents within a community in cases of violations of the requirement for prior and explicit authorisation from the community. If someone engages in tourist rental activities without the necessary approval, any homeowner or resident may request that the community president take action. Presidents can also act on their own initiative to require the unauthorised individual to immediately cease the activity, with the possibility of initiating appropriate legal proceedings if they do not comply.

Osborne Clarke comment

This measure is designed to give homeowners' communities more control over tourist apartments. It allows residents or interested parties within these communities—who directly feel the impact of tourist rental activities—to have a say in whether to permit this type of rental. The effectiveness of this initiative-taking control measure and its restrictive influence on the ongoing debate surrounding tourist apartments remain to be seen.