Spain Reforms Rental Rules for Shared Buildings
The Spanish government has updated the Horizontal Property Law as of April 3, creating new restrictions for holiday and short‑term rentals.
Key Requirements
- Renting a unit for tourists demands a three‑fifths majority vote from the building’s other homeowners.
- The proposal carries a 20% surcharge on the listed price.
- Owners cannot lease a property without the neighbour’s support.
Who Must Apply?
All homes part of a community of neighbours come under these new rules. A property owner must submit a formal application and obtain the required approval before the unit can be rented out.
The new process to be able to rent short-term
ABOARD RESTRICTED RENTAL APPROVAL PROCESS
The mandatory authorisation step must be completed before a property is listed on popular platforms such as Idealista or Fotocasa. The procedure is strictly structured and requires the following stages:
1. PRE‑LISTING MEETING (MINIMUM SIX DAYS ADVANCE)
- Invitation of neighbours – The homeowner calls the community assembly at least six days prior to the proposal.
- Presentation of the rental plan – The homeowner outlines the intended short‑term tenancy arrangement.
- Submission of documentation – The next documents must be uploaded:
- • Habitability certificate – Confirms the property meets living standards.
- • Energy certificate – Demonstrates compliance with environmental regulations.
- • Detailed floor plan – Provides an accurate layout of the premises.
2. VOTING AND DECISION RECORDING
After the gathering, the community must cast votes. Only when a three‑fifths majority is achieved does the decision become official. The outcome must then be properly logged in the minutes book and reported to the building manager.
3. DIGITAL REGISTRATION AND LISTING ID
Once the formal approval is obtained, the property must be entered into the fully functional Digital One‑Stop Rental Registry. A unique ID code is generated, which must be incorporated in every online listing.
4. CONSEQUENCES OF NON‑COMPLIANCE
If a homeowner attempts to rent a property without securing the required majority, the community can impose:
- Financial penalties – A fine may be levied for the illegal tenancy.
- Legal fees – The building operator may pursue costs related to enforcement.
5. GOVERNING 20 % SURCHARGE MECHANISM
The maximum twenty‑percent surcharge is a protective measure. It covers the amplified wear and tear that naturally occurs in high‑turnover areas, such as an apartment building full of short‑term guests. Whether a homeowner is charged this surcharge depends on the collective stance of the neighbours within the community.
Fewer tourist rentals, more options for long-term housing for citizens
Spain Reverses the Trend of Short‑Term Rentals
Homeowners associations regain the authority to tackle illegal tourist leasing and excessive occupancy.
The legislation safeguards residents against noise, vandalism, and indiscriminate behavior, while offering a legal shield for landlords who comply with the rules.
Key Provisions
- Imposes a ceiling on short‑term rentals, prioritising long‑term leasing arrangements.
- Guarantees access to permanent housing amid Spain’s mounting housing crisis.
- Strengthens homeowners associations as the frontline defenders against unlawful tourist leasing.
Official Statement
Isabel Rodríguez, head of the Ministry of Housing and Urban Agenda, emphasised that the law’s primary objective is to restore long‑term housing for ordinary Spaniards.
By limiting short‑term rentals, the Spanish government aims to reallocate housing for regular citizens, for whom renting a flat has become a luxury—particularly in the most desirable cities such as Palma, Barcelona, and Madrid.
