Can a residents' association prohibit tourist flats?
Since April 2025, homeowners' associations in a large part of Spain can now prohibit or limit tourist flats in their buildings. This measure comes with the reform of the Horizontal Property Law, promoted by the central government, and aims to curb the saturation of the rental market and improve neighbourhood coexistence.
But, as in many housing issues, the regulatory map is not uniform. There are significant differences between autonomous communities, and Catalonia is a particularly special case, where this reform does not apply.
1. What does the new state regulation say?
The reform of the Horizontal Property Law, in force since April 2025, establishes that:
- Communities of owners can prohibit or restrict tourist flats by agreement of three-fifths of the total number of owners (and of the participation quotas).
- They can also establish conditions or limits to tourist use, without the need for unanimity or modification of the bylaws.
- This measure facilitates neighbourhood action, especially in areas with a high concentration of tourist dwellings.
2. Catalonia: an exception with its own regulations
Catalonia does not apply the state reform, as it has exclusive competences in housing and tourism. In this community, the regulation follows a different path:
Main restrictions in Catalonia:
- Tourist use cannot be prohibited by qualified majority. Only if the statutes expressly prohibit it and have been approved unanimously.
- Since 2023, a prior urban planning licence is compulsory for tourist activity in municipalities with housing pressure.
- The licence is temporary (5 years) and limited to a maximum of 10 VUTs per 100 inhabitants.
- In cities such as Barcelona, the PEUAT (Plan Especial Urbanístico) divides the city into zones with specific restrictions: from total prohibition to limited growth.
- In 2028, Barcelona will not renew the licences of 10,000 tourist flats in order to return them to the residential market.
3. And what about the rest of the Autonomous Communities?
Although the new state regulations are of general application, each autonomous community can complement or tighten them through their own urban planning rules and policies. Here are some outstanding examples:
Andalusia:
- Since April 2025, the consent of 3/5 of the neighbours is required to start tourist activity in a flat.
- Some cities such as Seville or Malaga have started to temporarily suspend licences.
Canary Islands:
- Agreements with platforms such as Airbnb to remove illegal ads.
- Elimination of non-conventional tourist accommodation.
- A thorough reform of the tourism decree is planned for 2025.
Valencian Community:
- From 2024, a new decree limits licensing.
- Valencia has banned new VUTs in several neighbourhoods in the historic centre.
Madrid:
- Has implemented the Reside plan, with more demanding requirements for new licences.
- Restricting areas with strong residential pressure is being considered.
Other regions:
- Galicia, Baleares, Basque Country or Navarra also have their own regulations, many of them limiting licences, imposing technical requirements or demanding urban planning authorisations.
Conclusion: state regulation, but diverse territorial application
With the reform of the Horizontal Property Law, the State has given more power to homeowners' associations. However, this progress is not uniform throughout the country. Catalonia is governed by its own regulations and many other communities have developed specific regimes that seriously condition the implementation of tourist flats.
If you are an owner, manager or member of a residents' association, it is essential to know the regional and municipal regulations applicable to your specific case.
Do you have doubts about how to apply these new rules in your building? At SF Abogados we can help you to interpret the regulations and advise you on how to defend your rights as an owner or as a community.
| Ley de Propiedad Horizontal Consolidada 2025 | 207 KB |
