New regulations for tourist flats
As of 3 April 2025, a reform of the Horizontal Property Law (LPH) will come into force that gives Spanish homeowners' associations a more active role in the regulation of tourist accommodation within their buildings. This amendment establishes that any owner who wishes to use his or her property for tourist rental must first obtain the express approval of the residents' association. This requires the favourable vote of three-fifths of the total number of owners, also representing three-fifths of the participation quotas. This measure seeks to balance the interests of the owners with the coexistence and well-being of the community.
In addition, the new regulation allows communities to impose an additional fee on owners who rent out their properties for tourist purposes, to compensate for the increased use of common areas and other possible nuisances derived from this activity. However, this fee may not exceed 20% of the ordinary fee.
It is important to note that tourist dwellings that were already in operation before 3 April 2025 and that comply with current regulations will not be affected by this reform. However, those that do not have community authorisation could face significant penalties, which vary depending on the autonomous community.
In the specific case of Catalonia, the regulation of dwellings for tourist use presents additional particularities. Law 5/2015 of the Civil Code of Catalonia allows homeowners' associations to prohibit the tourist use of dwellings by means of an agreement adopted by four-fifths of the total number of owners and participation quotas. This agreement is binding for all owners, although it does not have retroactive effects, i.e. it cannot be detrimental to those who were already carrying out this activity before the adoption of the agreement.
In addition, Barcelona City Council, in collaboration with the Association of Property Administrators and the Chamber of Urban Property, has implemented an advisory service for residents' associations wishing to prevent the installation of tourist flats in their buildings. This service offers information and technical support for the creation or modification of community statutes in order to regulate or prohibit this activity.
These measures reflect an effort by authorities and communities to balance the growth of tourism with the right to housing and the quality of life of residents.
| LeyPropiedadJHorizontal Modificada 2025 | 908 KB |
