Tourist flat owners in Spain have been warned of mammoth fines if they break new regulations.
It comes after several cities have brought in their own crackdowns over the past year, including Malaga, which approved a three-year ban on new Airbnb-style licences in all 43 of its districts.
Beyond local actions, a significant change at the national level came into effect on April 3, with Organic Law 1/2025.
This law amends the Horizontal Property Law and introduces new requirements for owners wishing to rent their homes for tourist purposes.
This is what you should know:
- Community approval required: If you want to rent your property to tourists, you must first get express approval from your community of owners.
- Voting threshold: This approval requires a majority vote from three-fifths (60%) of the total number of owners, who must also represent three-fifths of the participation quotas in the community.
- Penalties for non-compliance: If an owner operates a tourist accommodation without this approval, they could face fines of up to €600,000. The exact amount can vary depending on the autonomous community.
- Reporting illegal activity: Residents can report owners operating tourist accommodations illegally. They must first issue a notice to cease the activity. If the owner continues after being notified, the penalty will then be imposed.
- Increased Community Fees: The law also allows for the establishment of ‘special expense quotas’ or an increase in the share of common expenses for dwellings used for tourist activity. This also requires the same three-fifths majority vote from owners, provided the increase does not exceed 20%.
Who is affected?
This new regulation does not affect owners who were already operating tourist accommodations before April 3, 2025.
The changes in the law apply specifically to new tourist rentals established from that date onwards.
Therefore, if you plan to start renting out your property for tourism after April 3, you must notify your neighbours and obtain the necessary three-fifths majority vote.
Failure to do so could result in a significant fine.
