Bad news for homeowners in Spain. New law from April 2025
Key Takeaways
New 60% community approval required – From April 2025, Spanish property owners need 60% homeowner association approval to rent out homes.
New regulations have appeared in Spain for people renting their homes. To rent a property, the consent of the housing community, expressed by 60% of its members, is necessary. The new regulations will come into force from April 2025.
There have been many changes in the matter of tourist rentals in Spain. According to the new regulations, owners can rent such a property only after obtaining the majority support of the housing community. Additionally, the community has 20 days to express an objection.
If the owner does not obtain consent, the community president has the right to demand the end of the rental. He can also take legal action against the owner with the board’s support.
The law is in force from 3 April 2025. The law does not apply to cases with permits obtained from the local government before that date. Owners who received prior approval will not have to apply for new approval from the community.
Fight against ocupas
In addition, the new regulations make fighting against ocupas, or illegal tenants easier. Owners must notify the police of their presence within 48 hours, after which judicial intervention will be necessary.
According to Spanish law firms, evictions lasted several months to two years before the regulations came into force. The new law speeds up these procedures; cases are resolved quickly within 15 days of reporting the crime.
New Spanish Tourist Rental Laws:
What Tourist Rental Owners Need to Know
Community Approval Now Mandatory
Property owners must obtain explicit approval from their homeowners’ association before listing any apartment as a tourist rental. The approval process requires a favourable vote from at least 60% of property owners, representing 60% of the community’s ownership shares.
Higher Community Fees for Tourist Properties
Homeowners’ associations can now charge up to 20% additional fees on regular community charges for tourist rental apartments. These extra fees are designed to offset increased maintenance costs for common areas and address potential disruptions caused by short-term guests.
Strict Enforcement Against Unauthorised Rentals
Community presidents have the authority to halt any unauthorised tourist rental operations immediately. They can take action independently or when any community member requests, with legal consequences for non-compliant owners who continue unauthorised rental activities.
Impact on Property Investors and Rental Market
These regulations significantly change the landscape for vacation rental owners in Spain, creating new hurdles for those looking to enter the short-term rental market while potentially stabilising tourism-related residential communities.
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