New regulation of tourist rentals in owner-occupied communities

On 3 April 2025, the reform of article 7 of the Horizontal Property Law, introduced by the fourth final provision of Organic Law 1/2025, came into force. This amendment represents a significant change in the regulation of tourist rental activity in the field of homeowners' associations.

Javier García Ortiz, associate lawyer in Lener's Real Estate and Urban Planning Law department, analyses in Legal News the details and consequences of this reform.

Among the main new features, it establishes that:

• Owners' associations may prohibit the activity of tourist accommodation by means of a resolution adopted by three-fifths of the total number of owners, representing three-fifths of the participation quotas.
• Prior and express authorisation from the community is required in order to be able to carry out this activity.
• The reform does not have retroactive effects, respecting the activity already existing under sectorial regulations prior to its entry into force.

Furthermore, the new wording of the law expressly clarifies that the community can not only limit or condition, but also prohibit this activity, thus closing the interpretative debate that had existed until now around article 17.12.

Lener's lawyer points out in his conclusion that this reform reinforces the decision-making capacity of the communities on the tourist use of the dwellings and marks a before and after in the neighbourhood coexistence in residential buildings.

Access the full article here ➡️ Reforma de la Ley de Propiedad Horizontal introducida por la disposición final cuarta de la Ley Orgánica 1/2025 · Noticias Jurídicas