Explanatory Notes on Applicable Law
A. National Legislation
Horizontal Property Law (LPH) - As amended
- Norma: Law 49/1960, of 21 July, on Horizontal Property.
- Key change: Introduced by Royal Decree-Law 7/2019, and extended by recent reforms (in force from April 2025).
- Relevant content:
- Communities can limit or condition the tourist use of dwellings with the favourable vote of 3/5 of the total number of owners (and quotas).
- Possibility to establish additional fees (up to 20%) for owners who use their property for tourist use.
B. Autonomous Community Legislation
Catalonia
- Regulation: Decree 75/2020, of 4 August, on tourism in Catalonia.
- Catalan Civil Code (Book V, article 553-40):
- Communities of owners can prohibit or limit tourist use with agreement of 4/5 parties.
- Barcelona City Council: Can refuse new licences for tourist dwellings (especially in stressed areas).
Valencian Community
- Norma: Decree 10/2021, of 22 January.
- Requires responsible declaration and compliance with minimum conditions. Communities can limit tourist use in the bylaws.
Andalusia
- Regulation: Decree 28/2016, of 2 February, on dwellings for tourist purposes.
- Reformed by Decree 1/2024:
- Communities may prohibit new registrations if so stated in their bylaws.
- Obligatory registration in the Andalusian Tourism Registry.
Madrid
- Regulation: Decree 29/2019, of 9 April.
- Access requirements, habitability conditions and community consent in some cases.
| Andalucia Decreto 28 2016 de 2 febrero, modificado 2018 2024 | 99 KB | ||
| Catalunya Decret 75 2020 d 4 agosto | 1482 KB | ||
| Madrid Decreto 37 2019 de 23 abril | 183 KB | ||
| Valencia Decreto 10 2021 de 4 agosto | 1781 KB |
