More obstacles to tourist rentals

More obstacles to tourist rentals: from 3 April 2025, the prior and express approval of the residents' association will be required.

A little over a week ago we briefly commented on the procedure of the Single Registry of Leases for the exchange of data relating to short-term accommodation rental services established by Royal Decree 1312/2024, of 23 December (see news on our website), which imposes new bureaucratic formalities in the exercise of such activity. 

Well, by means of the fourth final provision of Organic Law 1/2025, of 2 January, on measures for the efficiency of the Public Justice Service (BOE no. 3 of 03/01/2025), a modification has been made to Law 49/1960, of 21 July, on Horizontal Property, whereby:

1.- A section 3 is added to article seven, so that the owner who wishes to carry out tourist rentals <<...must previously obtain the express approval of the community of owners, in the terms established in section 12 of article seventeen of this Law>>.

2.-Section 12 of article seventeen is modified, which is precisely the one that establishes the majority required to obtain this express approval. Thus, the favourable vote of three fifths of the total number of owners who, in turn, represent three fifths of the participation quotas, will be required.

It should be recalled that since March 2019, homeowners' associations have been able to limit or condition tourist activity, and even prohibit it, as established by the Supreme Court in its interpretation of the reform that took place at that time (see news on our website).

But from 3 April 2025, the date of entry into force of these latest modifications, not only will the communities be able to limit, condition or prohibit such activity, but the owners will not be able to carry out this activity without the prior and express agreement of the PC that approves it by the aforementioned majority of three fifths of the total number of owners who, in turn, represent three fifths of the participation quotas.

However, in accordance with the Second Additional Provision that has also been added to the Horizontal Property Law, the owner of a property that is renting it out for tourism prior to 3 April 2025, may continue to carry out this activity under the conditions and terms established in the tourism sector regulations.