Stricter rules for holiday rentals in Andalusia since 3 April 2025
Since 3 April 2025, the rules for letting homes to tourists in Andalusia have been tightened considerably. An important change to the Spanish Horizontal Property Act (Ley de Propiedad Horizontal) means owners who want to register their home as tourist accommodation must first obtain explicit permission from the community of owners.
What exactly is changing?
Previously, a community could only ban holiday rentals if this was explicitly in its statutes and recorded in the Land Registry. Now the process is reversed:
Before a home can get a tourist rental licence, 60% of the owners (together representing 60% of the ownership shares) must agree.
This applies both to entire homes and to letting rooms within a home.
Communities can impose extra fees on homes used for holiday rentals, up to 20% of the normal community charges.
What does this mean for landlords?
New applications for tourist licences must show that the community has given permission.
Existing landlords who already had a licence before 3 April 2025 keep their rights. However, communities of owners can still impose restrictions through a vote.
So letting a room in your own home (where you live yourself) is also subject to the community's approval.
Criticism of the change
However, the change in the law hasn't only been welcomed. There's criticism from several sides, especially from small landlords and people who let rooms. The main points of criticism are:
Infringement of private property: many owners feel the law infringes their right to decide what to do with their property. They believe it gives the community of owners too much influence, especially where letting rooms causes no nuisance.
Extra red tape: getting approval from the community of owners requires a formal vote, which can mean extra paperwork and delays. In some cases the community can be hard to reach, making the process frustrating.
Inequality between landlords: criticism also comes from landlords who let rooms without problems before the change. They now feel disadvantaged because they have to ask for permission again, even though their activities weren't seen as a problem before.
Obstacles for small-scale letting: especially in large cities, critics point out that small landlords (such as owners who only let a room) are unfairly restricted, while larger commercial operators often fall outside the law or have less impact.
This criticism comes mainly from people letting rooms in their own home, who feel hit by rules that treat them the same as those letting entire homes to tourists. On the other hand, the law has support, especially from residents in communities of owners who want to limit holiday rentals to prevent nuisance and other problems.
Why this change?
The rise in holiday rentals has led to complaints in many Spanish cities and regions about nuisance, rising rents and a shortage of regular rental homes. With this change in the law, communities of owners gain more control over whether to allow tourist accommodation in their buildings.
What can you do if you want to let a holiday home?
Check your community of owners' rules and request a vote if needed.
Make sure your existing licences are in order if you already let.
Allow for extra community fees if the community imposes them.
Want to know more about how these rules affect your situation? Get in touch for advice!
