Deborah Cater
MADRID, 8 APRIL 2025 – On 3 April 2025, new tourist rental reforms came into effect across Spain. This means, amongst other things, that property owners in residential buildings must obtain explicit permission from their homeowners’ association before renting to tourists.
This nationwide legal reform marks a significant shift in how short-term holiday lets are regulated across the country. They aim to align Spain’s rental regulations with broader EU objectives.
The tourist rental reforms are also the country’s response to rising concerns about housing shortages, neighbourhood disruption, and the unchecked growth of short-term rentals in residential zones. Between 2021 and 2024, the number of tourist flats in Spain grew from 144,000 to 368,000. Occupancy rates remain high, especially in popular tourist regions, placing additional pressure on local housing markets.
Some regional governments have already implemented stricter measures. For example, Malaga introduced a freeze on new holiday rental registrations in 43 districts from 14 January 2025. Other cities are expected to follow suit.
What is the main change?
The key change lies in the amendment of Spain’s Horizontal Property Law. It now states that tourist rentals in residential buildings require the prior approval of the homeowners’ association. The decision must be supported by three-fifths (60%) of all property owners, representing at least three-fifths of the building’s ownership quotas.
However, if a homeowner starts tourist rentals without community approval, the building’s president can demand an immediate stop. If the owner ignores this, the community can take legal action.
Furthermore, the updated law allows communities to charge short-term rental units up to 20% more in shared maintenance fees. This reflects the extra use of communal spaces such as entrances, lifts, and pools by tourists. This fee increase must also be approved by the same three-fifths majority, and cannot be applied retroactively. However, this is not a given and if the rental owner or their property management company ensure guests are informed of community rules, including social conduct, this will go some way to negotiating down any increase.
Approvals could take up to a year
As most communities only hold an Annual General Meeting (AGM), this could see property owners submitting their requests and having to wait up to a year for an answer.
Furthermore, those in the process of purchasing a property which does not already hold a tourist authorisation are now left in limbo – unsure as to whether they will obtain the required permissions.
Existing rentals protected
Owners who registered their tourist rentals before 3 April 2025 can continue operating under previous legal conditions, provided they comply with regional tourism regulations. They are effectively “grandfathered” in and exempt from the veto clause.
However, this exemption does not apply to unlicensed properties attempting to register now. Any new application will fall under the stricter 2025 rules, and this could prove game over for the owners.
Despite the tourist rental reforms, there are still grey areas. One of those is the transferability of tourist rental authorisations (VUT) when ownership changes. The new regulations require buyers to secure approval from the community of owners to continue using a property for short-term rentals. They must also update the property’s details in the Andalusian Tourism Registry.
However, anyone considering buying a property for holiday lets, should bear in mind that the new rules could affect future plans. Even if the property already has a tourist licence, it may not automatically carry over. When ownership changes, the community may apply current rules, which could include a ban or extra conditions.
As José Luis Mella of Goto Property Management says, “the current regulatory landscape remains ambiguous, creating challenges for both operators and authorities.”
Third-party management of holiday rentals
Anyone managing holiday rentals on behalf of the owner must now notify the Andalusian Tourism Board. This applies to third parties such as real estate agencies or property managers.
They’ll need to provide details such as rental dates and other relevant information directly to the authorities. The list of data required from each group of renters is considerable and applies to all people staying in a rental property aged over 14 years.
Minimum size and habitability
Furthermore, the third-party agencies will need to ensure the properties under their management meet the updated habitability and technical requirements (as do all owners). Designed to increase the safety and comfort of the guests, they include the following key points:
- Minimum guest space – Properties must provide at least 14 square meters per guest. This makes smaller studio apartments less viable, and could lead to reduced maximum occupancy levels for other properties.
- Number of bathrooms – The bathroom requirement has also increased. A property offering five sleeping spaces must have at least two bathrooms, whilst more than eight sleeping spaces requires a minimum of three bathrooms.
- Amenities – refrigeration, heating, fire extinguishers, smoke detectors in kitchens and 24-hour telephone assistance have all been added in the new standards.
As we have seen with Malaga’s 3-year freeze on issuing new rental licences, the national legislation is often supplemented by regional and local legislation. This adds further challenges for anyone managing tourist rental accommodation.
José Luis Mella is an advocate for safe, professional tourist rentals but would like to see clearer, better-designed legislation to clear-up any uncertainties. Mella says, “By addressing inconsistencies in licensing, taxation, and safety requirements, Spain can foster a more transparent and professional sector that benefits both businesses and guests.
“Standardised regulations will also help mitigate community concerns around housing shortages and overtourism whilst attracting responsible investment.”
National Tourist Property Registry Introduced
Spain has also created a new national registration system for tourist rentals. All short-term rental properties must obtain a unique ID number through the Digital One-Stop Window, which launches officially on 1 July 2025.
This platform will serve as a centralised register for all short-term, tourist, and room rental activity. The aim is to improve transparency, legal certainty, and enforcement against unlicensed rentals.
A dedicated national unit will investigate non-compliant listings and enforce penalties against owners who rent without approval or registration.
Summary: What the tourist rental reforms mean for Property Owners
In short, this is what is required from property owners, from 3 April 2025:
- Obtain approval from their homeowners’ association before renting to tourists.
- Register their property with the national tourism database and receive a unique ID (effective 1st July 2025).
- Ensure they meet all local and regional tourism property requirements.
- Accept higher maintenance fees if voted for by the community.
- Display their licence number in all advertisements.</li>
Failure to comply with these requirements could result in legal action or loss of the right to rent the property short-term.
Spain’s tourist rental reforms aim to restore balance between tourism growth and residential stability. They give neighbours more say over what happens in their buildings. However, the grey areas and regional inconsistencies could prove to be a bureaucratic thorn in the side.