Holiday Rental Apartments: Do I Need Approval From the Homeowners' Association?
4 Noviembre, 2025
Currently, the proliferation of apartments designated for holiday rentals has caused growing discontent among residents of communities affected by this activity. Many people who have invested in their homes suddenly find themselves in an environment where constant noise, the ongoing movement of guests, and the lack of control over the use of common areas affect their quality of life. This situation raises important questions about balancing the freedom to use property with the right to enjoy a peaceful and safe home environment. It is essential to address this issue to find solutions that respect both the interests of holiday rental property owners and the needs of neighbors.
In Spain, the regulation of holiday rental apartments and the relationship with the homeowners' association is primarily governed by the Horizontal Property Law (LPH), amended by Law 5/2019, as well as by regional and local regulations.
Since the modification of the LPH in 2019, homeowners' associations have gained greater decision-making power over apartments used for holiday rentals.
The key measures are:
- Prohibiting or limiting holiday rentals: The homeowners' association can prohibit or limit the use of homes for holiday rentals through a resolution passed at a homeowners' meeting. For this resolution to be valid, it requires the approval of at least 60% of the homeowners (3/5) representing the same percentage in participation shares. This decision is not retroactive, meaning it does not affect licenses already granted before the vote. However, once approved, any new tourist use of an apartment in the building must comply with this restriction.
- Increase in common expenses: If the activity is not prohibited, the association may also agree that homeowners who rent out their property for holiday purposes must contribute an increased community fee to compensate for the higher use of common areas. This resolution also requires the favorable vote of 3/5 of the homeowners.
And what happens if someone buys a property with a tourist license already included?
Be cautious, because there is case law in some instances that establishes that when purchasing a home with a tourist license, it is not automatically transferred to the new owner. This depends primarily on the specific regulations of the autonomous community or municipality where the property is located and how local laws on holiday rentals are interpreted.
This happens for two main reasons:
- The license is linked to the applicant (the original owner) and not to the property itself. This occurs in some autonomous communities and municipalities, where the license is considered personal and non-transferable.
- Changes in regulations: In some areas, the regulations have changed to restrict the issuance of new tourist licenses. In these cases, if a new owner wants to continue the holiday rental activity, they must apply for a new license. If no more licenses are allowed in that area, the new owner may lose the right to rent out the property for holiday purposes.
So, now you know! If you need help, don't hesitate to contact us.
