From April 3, 2025, residents' communities in Spain will play a crucial role in regulating tourist apartments in their buildings. The reform of the "Ley de Propiedad Horizontal" (LPH) gives residents the power to decide on the presence of vacation rentals in their community, aiming to balance the interests of owners, tenants, and tourists.
New powers for residents
One of the most significant changes in this reform is that residents can vote on whether to allow tourist apartments in their building. To rent out a property as a vacation rental, approval from at least three-fifths of the owners is required. Additionally, an extra fee may be imposed on owners who rent their properties to tourists, compensating for the increased use of common areas and other possible disturbances. However, this fee cannot exceed 20% of the regular contribution.
Consequences for tourist apartment owners
Owners who are already offering vacation rentals can continue to do so, provided they comply with current legislation and hold the required permits. However, those renting out properties without community approval may face fines of up to 600,000 euros, depending on regional legislation.
Furthermore, residents will have the ability to file complaints against owners who rent without a permit or cause disturbances. In such cases, they may even claim compensation for damages.
An open debate: benefits and concerns
The reform has sparked mixed reactions. Many residents welcome the measure as a way to limit the impact of mass tourism in residential areas. On the other hand, owners of tourist apartments and the tourism sector have expressed concerns, arguing that these restrictions infringe on their rights and could harm the economy.
Politically, opinions are also divided. Parties such as the PP and Vox have opposed the reform, stating that tourist apartments make up only a small percentage of the housing supply and that the decision on their use should rest with the owners, not the residents.
A new perspective on tourism regulation in Spain
With this reform, Spain follows the trend of other European cities that have introduced stricter regulations for tourist apartments to protect the livability of residential neighborhoods. From April 3, residents' communities will have a powerful tool to shape the future of their buildings, marking a significant turning point in vacation rental regulation in the country.
Are you a tourist property owner? Staying informed about these legislative changes is more important than ever. Consult your residents' community and ensure compliance with the new regulations to avoid fines!