Community owners are to get new powers to limit tourist rentals in an upcoming law change. Property owners in communities in Spain will now be in a stronger position to regulate or limit tourist rentals in their community. This is part of a broader agenda by the government to reduce the number of tourist apartments which is over 71,000 in the Valencian Region alone.

A law, passed on the 2 January 2025 and which comes into force on the 3 April, requires property owners who wish to apply for a tourist licence to first obtain approval from their community.

Anecdotally, we know of several examples where permanent community residents have been adversely affected by anti-social behaviour and tourists not abiding by community rules, especially in the summer months.

Community scrutiny of tourist rental applications

Communities will have the ability to set specific conditions for applying for tourist licences including setting minimum rental periods, requiring upfront deposits on bookings and demanding the end to any previous unauthorised rental arrangements (by way only of the Community President.)

How the veto will work in practice

Communities of owners may vote to ban tourist rental activities in their buildings provided that the agreement is approved by a double majority of three-fifths. That is a 60% turnout and 60% in favour. This means if the community is comprised of 20 owners, at least 12 must vote in favour, provided they represent 60% of the ownership quota. If they represent less (e.g., 45%), additional owners must vote in favour to reach 60%.

Important considerations to bear in mind

If you are a buyer looking to purchase in a community with a view to rent, the future is uncertain. There is no guarantee that a licence will automatically pass from seller to buyer. The by-laws of each community will need careful checking on a case-by-case basis to understand the rental position.

These are a new set of laws, which are both complex and as yet untested in the courts. Given the evolving legal situation, it is vital to seek the advice and guidance of an independent lawyer.

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