The expansion of tourist flats in Spain and holiday rentals management has been remarkable, attracting both tourists and homeowners looking to capitalize on this trend. However, it has also generated tensions in neighbouring communities.

In recent years, this has led to the creation of both economic opportunities and conflicts, but the question is: can a residents' association prohibit tourist flats?

The following is an exhaustive article for owners of tourist apartments in Spain. An article that addresses the possibility of neighbouring communities prohibiting tourist activity and provides a detailed analysis of the current situation based on regulations and recent case law in Spain.

Disclaimer: This article is intended to provide information on the legal landscape of tourist apartments in Spain, and is not intended to provide legal advice under any circumstances. We therefore recommend that, if necessary, you go to discuss your particular case with a legal professional.

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‍Regulation of tourist apartments‍

In Spain, the regulation of tourist flats is a complex issue that depends both on state regulations and on regional and local regulations.

The Horizontal Property Law, as amended by Royal Decree-Law 7/2019, March 1, allows homeowner communities to make decisions about the use of homes as tourist accommodation. In addition, the Urban Leasing Act explicitly excludes housing for tourist use from its scope, leaving their regulation in the hands of the autonomous communities.

At the regional and local levels, each autonomous community has the power to set its own standards, which has resulted in a variety of legal approaches across the country.

For example, in the Community of Madrid, a Certificate of Suitability for a VUT (Housing for Tourist Use) is required, as well as registration in the Registry of Tourism Companies. In the Valencian Community, a tourist tax of between 1 and 1.5 euros has been introduced.

At the national level, the Urban Leasing Act (LAU) establishes the legal basis for tourist rentals, but allows autonomous communities and municipalities to determine the details of their implementation. This means that requirements can vary significantly depending on the location of the property.

The laws relevant in this context are crucial to understanding how is the use of tourist flats regulated in Spain. Below is a more detailed description of how the Horizontal Property Act and the Urban Leasing Act affect this issue:‍

• Horizontal Property Act

La Horizontal Property Act is the regulation that regulates homeowners' communities in Spain. With the reform introduced by the Royal Decree-Law 7/2019, of March 1, important changes were established to address the rental of tourist apartments. This decree allows homeowners' communities to prohibit or limit the use of housing for tourist purposes if they so agree in their statutes with a qualified majority.

This qualified majority refers to the Decision-making quorum, that according to article 17 of the LPH, a three-fifths majority of landlords is required to decide on the prohibition or limitation of tourist activities. This quorum also applies to establish additional fees to cover common expenses for tourist use.‍

• Urban Leasing Act

La Urban Leasing Act mainly regulates housing rental contracts, but excludes housing for tourist use from its scope of application. This means that tourist housing is not subject to the same regulations as traditional residential rentals and, therefore, falls under the regulation of autonomous communities and municipal ordinances.

Therefore, since tourist housing is excluded from the Act, they must comply with the specific regulations of each autonomous community, which may vary significantly. For example, some regions require specific licences, while others impose restrictions based on location and building type.

Finally, it is worth mentioning the recent changes in recent months, as there has been a growing focus towards stricter regulation of tourist flats. The authorities seek to balance the growth of tourism with the right of residents to live in quiet and safe environments.

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Rights and obligations of landlords

As the owner of a tourist apartment, it's crucial to understand both your rights and your obligations. As an owner of tourist apartments you have the right to exploit their properties for tourism purposes, provided that they comply with the specific regulations of the relevant autonomous community and municipal ordinances.

The latter includes obtaining licences and complying with specific requirements, such as noise and safety regulations. In addition, the decisions of the neighbourhood community must be respected if they have been approved according to established legal procedures.

On the one hand, with regard to the rights: You have the right to use your property for tourist rental purposes, as long as you comply with local regulations. This includes properly registering your property and ensuring that it meets the required quality and safety standards.

On the other hand, and with regard to obligations: you must obtain the necessary licences and comply with regulations on noise, safety and coexistence. In addition, you are required to inform your guests about community rules and ensure that they respect them.

And since as an owner you must ensure that the tourist apartment does not violate the community's coexistence regulations, there are SaaS technologies that can help ensure that your vacation rental is protected uncomplicated. For example, with Roomonitor, an intelligent system that allows you to monitor and protect the property in real time, you can control noise and the number of people who access your property, avoiding situations of overcrowding and unauthorized parties, just by installing their devices.

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How can they ban tourist flats in a community?

Since a neighbourhood community can prohibit vacation rentals before you start renting temporarily (this means that what a neighboring community can prohibit is the start of the activity), there are a number of requirements for this. Let's see them below.

Neighbouring communities have the power to modify community statutes to include specific prohibitions on tourist flats. Recently, according to the Spanish Supreme Court, a residents' association can ban tourist flats if so stipulated in their statutes. This prohibition must be clearly recorded and is not retroactive.

Los Requirements for the ban are the following:

1. Majorities: The agreement of 3/5 parts of the total number of owners who, in turn, represent 3/5 parts of the participation fees is needed.
2. Meeting of owners: The agreement must be adopted at a meeting of owners convened specifically to discuss this issue, including it on the agenda.
3. Registration: For the prohibition to take full effect against third parties, the agreement must be registered in the Land Registry.
4. Non-retroactivity: The ban cannot affect tourist rentals that already existed before the approval of the agreement.

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What can I do if they want to ban my tourist apartment?

If your community is considering banning tourist flats, here are some actions you can take:

1. Open communication: Maintain fluid communication with your neighbours and proactively address their concerns. Take an active part in Boards, attend community meetings, and explain how your property can contribute positively to the local economy and the community in general.
2. Negotiation and commitment: Propose measures that can mitigate the perceived negative impacts of your tourist rental, such as limiting the number of guests or establishing strict behaviours rules.
3. Legal advice: Consider seeking legal advice to explore your options. A lawyer specializing in horizontal property can offer you strategies to face restrictions and defend your rights.
4. Professional management: Consider hiring a property management company to ensure that all regulations are followed and inconvenience to neighbours is minimized.

By putting these actions into practice and a good knowledge of applicable laws and regulations, owners and managers of tourist apartments can better manage their properties and minimize conflicts with their neighbouring communities.

Understanding the laws is essential for any owner of a tourist apartment in Spain. The LPH, reinforced by Royal Decree-Law 7/2019, gives neighbouring communities greater power to regulate and, if they so decide, prohibit tourist activity in their buildings. On the other hand, the exclusion of tourist housing from the LAU means that regulations vary at the regional level, making it crucial for landlords to stay informed on the specific regulations of your autonomous community.

For landlords, it is essential to be informed and prepared to actively participate in the management of their properties and the relationship with the community. With an informed and proactive approach, it is possible to balance tourism interests with community well-being.

This article provides a guide to understanding the complex interaction between property laws and the rights of property owners of tourist apartments in Spain. You can also consult the report on vacation rentals in Spain. And, given the evolving nature of these regulations, owners are advised to keep themselves informed of the latest legal updates and seek legal advice where necessary.