Community Approval Law
🏘️ New Tourist Rental Law in Andalusia (2025): What Every Apartment Owner Must Know
New Tourist Rental Law in Andalusia 2025 – Community Approval Now Required
From April 3rd, 2025, apartment owners in Andalusia must get community approval before renting to tourists. Learn how Spain’s new property law affects you and how to stay compliant.
If you own a property in Andalusia, Spain, and rent it to tourists — there’s a major legal change you need to know about.
Starting April 3rd, 2025, under Spain’s updated Ley de Propiedad Horizontal (Horizontal Property Law), owners must now obtain explicit approval from their community of owners before using their apartment as a tourist rental (vivienda de uso turístico).
This affects all new short-term rental listings across the region, from Málaga and Seville to Granada, Cádiz, and Córdoba.
Let’s break down what’s changing — and what you can do to keep renting legally and safely.
⚖️ The 2025 Reform: What Changed in the Law
The change comes from Organic Law 1/2025, which modifies the long-standing Ley de Propiedad Horizontal (LPH) — the law governing Spain’s apartment communities.
The key point:
From April 3rd, 2025, you cannot operate a tourist rental without the prior, express approval of your community of property owners.
Before this, you only needed to make sure the community didn’t prohibit it. Now, it’s the opposite — you need their vote of approval.
🗳️ How the Community Approval Works
The authorization must be approved in a general meeting (junta de propietarios).
Approval requires a 3/5 majority of both:
the owners, and
their ownership shares (cuotas de participación).
Without that approval, you cannot legally operate as a short-term tourist rental.
Communities can also vote to:
Limit or condition tourist rentals (e.g., certain floors, noise rules)
Prohibit them altogether
Charge up to 20% higher common fees for tourist apartments, to cover extra wear and tear
🏠 What If You Already Operate a Tourist Apartment?
If your apartment was already registered and operating as a tourist rental before April 3rd, 2025, you’re in luck — the law is not retroactive.
You can continue your activity under the previous conditions, as long as:
You don’t make major structural changes
You don’t change ownership or the property’s use
You stay compliant with local and regional tourist laws
🌍 Andalusian Tourist Rental Requirements Still Apply
Even with this national reform, Andalusia’s regional regulations remain in force.
That means you must continue to comply with the following:
Decree 28/2016 – governing viviendas con fines turísticos (tourist homes)
Decree 194/2010 – for tourist apartments
Registration with the Andalusian Tourism Registry
Compliance with municipal zoning and licensing rules
Minimum comfort, safety, and energy efficiency standards
If you’re listing your property on PropertyList.es, make sure your registration number and community authorization are included in your listing details.
🚫 What Happens If You Ignore the Law?
Ignoring the new requirements could lead to serious issues:
Your community of owners can demand that you stop your tourist activity immediately.
Neighbors can take legal action against unauthorized rentals.
The Andalusian regional government can issue fines or administrative penalties for operating without community consent or without proper registration.
In short: compliance protects both your business and your reputation.
🧭 What to Do Now: Step-by-Step Guide
Review your community bylaws (estatutos de la comunidad).
Contact your property manager or administrador de fincas to confirm your next community meeting.
Request a vote for tourist rental authorization.
Prepare your case: emphasize responsible hosting, maintenance, and how you’ll prevent disturbances.
Update your listing on PropertyList.es to include your new community authorization and registration details.
💡 Pro Tip: Stay Ahead with PropertyList.es
At PropertyList.es, we help agents and owners stay compliant and connected.
Easily sync your tourist rental listings, manage your CRM, and make sure every property meets 2025 regulations — including the new community approval rules.
👉 Learn more about how PropertyList can help
🏁 Final Thoughts
The new 2025 law doesn’t end tourist rentals — it just adds accountability.
It encourages cooperation between owners, neighbors, and local authorities, ensuring a sustainable and fair rental market in Andalusia.
If you follow the steps above and keep your documents in order, you’ll be ready to rent legally — and confidently — in 2025 and beyond.
Because when your community votes “yes,” your business can keep growing 🌟
Disclaimer
The information provided on this website is for general informational purposes only and is not intended as legal, financial, or professional advice. While we strive to provide accurate and up-to-date information regarding laws, regulations, and best practices for short-term and holiday rentals in Andalusia and Spain, laws and regulations are subject to change.
Property owners, landlords, and tenants should consult with a qualified lawyer, tax advisor, or relevant local authority before making any decisions or taking action based on the information presented here.
PropertyList.es and its affiliates are not responsible for any losses, damages, or penalties resulting from actions taken based on the content of this website. Use this information at your own discretion.
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