Renting your Spanish home out to tourists has become a lot more difficult thanks to new ‘pro-local’ legislation.
The Horizontal Property Law came into effect this week and gave new powers to homeowners across the country.
Anyone wanting an Airbnb-style flat must get the approval of 60% of other homeowners in the building. Failing to do so will give them the right to veto your licence to operate.
If you attempt to operate without getting their approval first, the president of your community can order you to cease operating, which you must obey.
If you want to buy an apartment in Spain and are hoping to rent it out short-term during certain parts of the year, ask the estate agent if it already has a tourist flat licence, or how likely it is that one would be approved.
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Other new rules include the ability of your neighbours to file complaints against your tourist apartment with the courts.
If you had a licence to operate as a holiday let before April 3, 2025, this cannot be revoked, but your community may vote to hike your community fees by up to 20%.
This hike is justified, according to the law, due to the ‘increased use of common services and facilities, such as elevators, stairs, the pool, and entrances.’
Pelayo Gutierrez, from the Regional Federation of Neighbourhood Associations of Madrid (FRAVM), praised the move after years of fighting tourist flats.
He told La Informacion Economica: ‘People who want to start operating a tourist flat must submit a request to the community, include it on the agenda and submit it for debate and vote.
‘A vote of 40% of the neighbours is enough to demand the cessation of the activity.’
