As summer approaches and the Costa del Sol prepares for its annual transformation—from sleepy seaside towns to bustling tourist havens—there’s a new current rippling beneath the surface. It won’t appear in travel brochures or beachside mojito ads, but rather in legal bulletins, community assemblies, and neighborhood WhatsApp groups. Spain’s reform of the Ley de Propiedad Horizontal, passed on April 3, 2025 (https://www.boe.es/buscar/act.php?id=BOE-A-2025-76), has redrawn the rules of short-term tourist rentals. And for property owners, the changes are seismic.
The aim of the law is straightforward: to give communities of owners greater control over holiday lets, mitigate the effects of overtourism, and ease the residential housing shortage. But the implementation—and its ripple effects—are far from simple.
Community Approval Required:
A 3/5 majority vote (of both ownership shares and number of owners) is now necessary for any building to allow, limit, or prohibit tourist rentals.
Increased Community Fees:
Communities may impose up to a 20% surcharge on common expenses for units used as holiday accommodations.
Right to Legal Action:
Communities can pursue legal proceedings against any owner who operates a tourist rental without compliance.
Mandatory National Registry:
All tourist rentals must be registered in Spain’s Registro Nacional de Viviendas de Uso Turístico by July 1, 2025. A license number must be displayed on all listings (e.g. Airbnb, Booking). https://www.juntadeandalucia.es/turismoydeporte/opencms/turismoydeporte/turismo/viviendas-turisticas
Non-retroactivity Clause:
Properties with valid tourist rental licenses prior to the reform are grandfathered in, but modifications or renewals may fall under the new framework.
Some owners fear that if their community opts to prohibit or heavily restrict tourist lets, the resale potential of their property will suffer. Especially in coastal towns like Estepona, Marbella, or Torremolinos, the attractiveness of an apartment often hinges on its capacity to be rented out during high season.
“This isn’t just about tourism,” said an owner in Marbella. “It’s about what my flat is worth. If it can’t be rented out, it’s not the same asset.”
But this is only one side of the coin.
For full-time residents, especially retirees or local families, this reform is seen as a step toward restoring tranquillity and community identity. The continuous influx of short-term guests has been a sore point for years.
“It’s not a hotel,” said Carmen L., who lives year-round in a block near Estepona. “It’s my home. And I’d like to know who lives next to me.”
Residents argue that holiday lets introduce noise, wear on communal areas, and undermine the sense of permanence needed for building a community. They also believe that limiting tourist rentals could ease rising rental prices and improve availability for long-term housing.
This legislative shift has exposed a fundamental tension: whether residential buildings should serve primarily as homes or as investment vehicles. Most communities in the Costa del Sol contain both profiles—and therein lies the conflict.
Owners dependent on tourist income argue for the right to use their property freely, while residents call for the right to a peaceful, predictable environment.
Both sides raise valid concerns. What happens when a retiree can’t sleep due to revolving holidaymakers above them? And what of the expat who needs to rent their flat part of the year just to afford keeping it?
This is not a simple regulation—it’s a redefinition of urban coexistence.https://www.airbnb.com/help/article/3219
Discuss this matter at an AGM or EGM to debate the regulation of tourist rentals.
Ensure quorum and proper majority (3/5) is met before approving new limitations.
Seek legal guidance before passing binding agreements.
Communicate all decisions transparently in official community minutes and directly to all owners.
Communities that rush into prohibitions without consensus risk inflaming internal divisions—and possibly facing legal challenges.
Stay informed about decisions being made in your building.
Participate in general meetings to defend your interests.
Register your property before July 1, 2025, in the national registry and display your license number on listings.
Consult legal experts to ensure your current rental activity is compliant.
Ignoring the new rules can lead to fines of up to €600,000, depending on the autonomous region.
Spain’s 2025 reform is not simply a tweak to rental policies—it’s a bold rethinking of how private property, tourism, and communal living intersect. Whether it becomes a model for balance or a cautionary tale of overreach will depend on how communities manage the new powers they’ve been granted.
With summer bookings on the rise and tourists already pouring into Andalusian beaches, one thing is clear: the fight over the future of tourist rentals is no longer hypothetical. It’s happening—vote by vote, block by block.
And for those caught in the middle, the question isn’t whether to rent or not. It’s what kind of building they want to belong to—and how far they’re willing to go to shape it.
Navigating this new legal landscape requires clarity, precision, and expertise. At A Plus Law, we specialize in Property Law, Community Administration, and tourist rental compliance. Whether you’re a resident, landlord, or community board, we can help:
Interpret the law and its application to your case.
Draft or revise community agreements.
Represent owners or communities in meetings and disputes.
Handle your registration and licensing paperwork seamlessly.
Contact us today for a consultation and let’s ensure your interests are protected.
http://www.apluspcm.com | aplus@apluspcm.com | +34 952 891 618
Let’s work together—because summer should bring sunshine, not legal headaches.
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