Lorraine Williamson
A new law in Spain that came into force on 3 April 2025 means homeowners can no longer let out their apartments to tourists without first getting permission from their neighbours.
The updated Horizontal Property Law, amended by Organic Law 1/2025, requires owners to secure consent from at least 60% of the other property owners in the building before they can begin renting to tourists. Without it, neighbours can demand that the rental activity stops immediately — and take legal action if necessary.
Existing rentals remain unaffected
Owners who were already offering their properties as short-term tourist lets before 3 April and complied with previous regulations will not be impacted by the change. These landlords can continue renting under existing terms — though they must still meet the requirements set out by their local region.
Under the old rules, neighbours could only challenge tourist lets if they caused disruption, and to stop the activity they need a 3/5 majority. Now, the burden has shifted to the homeowner to obtain consent first.
Curbing nuisance and restoring housing balance
The Spanish government says the law is designed to curb the rise in tourist rentals that has led to increased noise complaints, overcrowded buildings, and a shortage of long-term housing.
“We need fewer Airbnbs and more housing,” said Housing Minister Isabel Rodríguez, noting the impact of holiday apartments on residential areas. She supports local bans in areas where the tourist industry puts the greatest pressure on housing.
Heavy fines for non-compliance
Landlords who breach the new rules on tourist rentals could face fines of up to €600,000, depending on their region. The law applies across Spain, but autonomous communities handle the enforcement.
The aim is to balance property rights with the well-being of long-term residents, and to give homeowners’ associations more influence over what happens in their buildings.
Tourist rental registration and tax changes
Alongside the new law, the government is introducing a national registration system for short-term and tourist rentals. Landlords must obtain an official registration number through a centralised digital portal to prove their property complies with regulations. This initiative is already accepting applications and will become fully operational in July.
The law is part of a broader effort to treat short-term rentals as an economic activity. That means it may also become subject to VAT, with further details expected in an upcoming tax package.zes
Also read: Malaga freezes new tourist rentals