Note

Community vote on tourist rentals in Spain

§ 1What the law says

The horizontal property law, in the consolidated text of 3 October 2026 that we read, says two things. First, an owner who wants to carry on tourist letting must first obtain the community’s prior express approval, and if the activity starts without it the president can require it to stop. Both rules apply from 3 April 2025. Second, approving, limiting or prohibiting tourist rental activity requires the favourable vote of three fifths of all the owners, who must also hold the same share of the shares of participation. It also says that special quotas, or an increase in a unit’s share of common expenses up to a set limit, can be agreed by the same majority, without retroactive effect. Two resolutions of the registry authority published in the gazette on 9 July 2026 apply the first rule: a “tourist” label in the title or statutes that favour tourist use do not count as express approval, and the exception for owners who were already letting before that date is narrow. We read summaries of them. This page belongs to the chapter in the rules on holiday rentals.

§ 2Who is affected

The rule applies to buildings under the horizontal property law, which means most blocks of flats and many estates. Detached houses without a community are not affected, though estate associations with private rules may have their own. The legal process section explains communities of owners; for the statutes and the owners’ meetings in particular, see statutes and meetings in detail.

§ 3Effect on buyers

A decision to ban or limit tourist lets can bind owners who buy afterwards if it is recorded in the registry. The Valencian tourism directorate says a decision of the community must be formalised in a public deed and recorded to have effect on third parties, and that dwellings already registered as tourist homes before the decision keep their registration. We read that on the directorate’s FAQ, and the rule in your region may differ.

§ 4What to check

Ask for the statutes, the minutes of the last years, and the notes on the registry extract. Ask the administrator whether a vote has been held or is planned. Ask neighbours about complaints. A building where tourist lets already cause friction is more likely to vote for a limit.

§ 5Risks

Approval comes first and the vote can come after you buy. A decision to limit lets may not affect your existing registration in every region, but a new owner may not be able to register. If your plan depends on tourist income, treat the community’s vote as a risk, and consider a home outside a community.

§ 6Quotas

A community may agree to charge tourist units more. Check the minutes for such decisions, and ask the administrator to explain the effect on your fees.

§ 7Other layers

The community’s approval and vote are one of three layers. The national registry number explained explains why the national registry number, which asked registrars to check for obstacles under the horizontal property law, was annulled in 2026, and what remains of the registrars’ role.

§ 8Before you buy

Ask your lawyer to read the statutes and the registry, and to confirm in writing that tourist use is allowed and registered.

§ 9More on this topic

Letting on Airbnb explained explains the platform side of tourist lets and how the Valencian Community works explains the Valencian rules for tourist dwellings.

How Andalusia works explains what the Junta says about tourist dwellings and how Catalonia works explains the Catalan decree-law on tourist dwellings.

Tourist rental licence Balearic Islands explains the Balearic decree-law on tourist stays in dwellings and Vivienda vacacional Canary Islands explains the Canary law on tourist use of homes.

How Madrid works explains the Madrid rules for tourist dwellings.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.