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Malaga
Wednesday, 22 January 2025, 17:36
Recent legal updates have significantly strengthened the ability of communities of owners to regulate or limit tourist rentals in Spain. The Organic Law 1/2025 of 2 January introduces important changes to the Horizontal Property Law (Law 49/1960). These new regulations, which come into effect on 3 April 2025, require property owners who wish to engage in tourist rentals to first obtain explicit approval from their community of owners.
This new framework allows communities to impose specific conditions for granting authorisation, such as requiring deposits, setting minimum rental durations, or implementing other tailored requirements.
Additionally, the community president is empowered to demand the immediate cessation of unauthorised tourist rental activities and, if necessary, initiate legal proceedings.
1. Approval timing: Communities usually hold only one annual general meeting. This means that property owners must often wait for this meeting to submit and discuss their requests, which could delay plans to begin tourist rental activities.
2. Uncertainty for buyers: Prospective buyers looking to purchase a property for tourist rental purposes face uncertainty. There is no guarantee that authorisation will be granted, as this decision depends on the vote at the next community meeting. Buyers must consider this risk before making a purchase.
3. Transfer of ourist rental licences: One unresolved issue is the transferability of tourist rental authorisations (VUT) when ownership changes. It remains unclear whether the new owner will need to reapply for authorisation, or if they can continue renting under the previous approval. Further clarification may be required from the tourism authorities, or it could depend on the specific approach adopted by each community of owners. Communities of owners play a crucial role in shaping these rules, and clarification of such terms in their bylaws can help provide more certainty for both current and future property owners.
Given the complex and evolving legal situation, it is vital to seek the guidance of an independent lawyer before purchasing a property for tourist rental purposes. A lawyer acting solely in your interest can:
• Review community bylaws: Ensure you understand any restrictions or conditions that could affect your ability to rent the property.
• Analyse legal risks: Evaluate the implications of the new law, including potential delays or denials of rental authorisation.
• Provide clear advice: Help you make informed decisions, especially when dealing with communities that impose strict conditions or lack transparency.
At My Lawyer in Spain, we specialise in assisting clients with property purchases and navigating the challenges of tourist rentals. Our independent legal experts will ensure you are fully informed and protected throughout the process.
MY LAWYER IN SPAIN
Urb. Pueblo Evita, Avenida de las Palmeras s/n Local 7
29630, Benalmádena Costa (Málaga)
Phone: (+34) 951 20 30 94
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