A significant shift is coming for property owners in Spain who engage in tourist rentals. The newly introduced Organic Law 1/2025, which takes effect on 3 April 2025, brings crucial amendments to the Horizontal Property Law. These changes particularly affect short-term rental properties, requiring property owners to secure express authorisation from their Community of Owners before proceeding with tourist rentals.
What Has Changed?
Two key modifications have been introduced:
- Article 7, Paragraph 3 (New Addition): Now, for a property owner to rent their home as a tourist rental, it must not only not be prohibited but must also have explicit authorisation from the Community of Owners.
- Modification to Article 17, Paragraph 12: Approval for tourist rentals requires a favourable vote of 3/5 of the owners’ quotas. If the vote takes place in a second meeting and there is a simple majority, it will be sufficient. Additionally, there is a mandatory 20-day waiting period after the notification of the meeting minutes, allowing for objections.
What Must Owners Do Before 3 April 2025?
For property owners intending to rent their properties for tourist purposes after this date, the following steps are essential:
- Request a Community Meeting: Submit a formal request to the Community of Owners to include tourist rental authorisation as an agenda item.
- Obtain a Favourable Vote: Secure a vote with at least 3/5 majority approval.
- Wait for the 20-Day Period: Owners who disagree with the decision can object, but silence favors the adopted majority.
Without explicit approval, even if the activity is not prohibited, renting out a property for tourist purposes will not be permitted.
What About Existing Licences?
The law is not retroactive, meaning that owners who already hold valid tourist rental licences before 3 April 2025 do not need additional authorisation.
Can the Community President Stop an Unauthorized Rental?
Yes. Under the new law:
- The president of the Community of Owners can request the immediate cessation of an unapproved tourist rental.
- To initiate legal action against the property owner, the president must obtain prior approval from the Board of Owners.
Expert Recommendation
To ensure compliance and avoid legal issues, property owners should:
- Apply for a tourist rental licence before 3 April 2025 if their Community of Owners has not prohibited the activity.
- Consistently seek express authorisation from the Community of Owners to avoid future disputes.
- Consult with legal experts to navigate the approval process smoothly.
With these changes, it is more crucial than ever for property owners to stay informed and proactive in securing the necessary permissions for tourist rentals. If you own a property in a Community of Owners and plan to engage in short-term rentals, take action now to protect your investment!
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