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Date Published: 28/01/2025

Tourist rental apartments and holiday lets in Andalucía: Changes coming to your building in April 2025

There are new rules coming in for tourist flats in Andalucía

Starting in April 2025, property owners in Andalucía will face new regulations regarding tourist rental apartments and holiday lets. Under Organic Law 1/2025 of January 2, property owners wishing to establish tourist flats will require approval from their community of owners.

This legislative change has been endorsed by the Andalusian Council of Associations of Property Administrators (Canfincas) and marks a significant amendment to the Horizontal Property Law (LPH).

From April 3, 2025, owners must obtain the consent of at least three-fifths of the total number of owners in their community, as well as three-fifths of the participation quotas, before they can rent out their property for tourist purposes.

This adjustment aims to address ongoing concerns about the impact of short-term rentals on residential communities and to promote better coexistence between residents and tourists.

The new legislation was influenced by two rulings issued by the Plenary of the First Chamber of the Supreme Court in October 2024. These rulings granted communities of neighbours the authority to vote for the immediate cessation of any tourist activity within their building if a three-fifths majority supports such a decision during a meeting.

Additionally, the president of the community, acting either independently or in response to a neighbour’s request, can demand that the owner cease their tourist rental activity. In cases of non-compliance, legal action may be taken to enforce the decision.

In July of 2024, one community of owners in a Málaga building voted into its bylaws the requirement for the community president to be able to speak Spanish, something which is not always a given in certain communities and urbanisations in this part of Spain.

Andalucía remains one of Spain’s top tourist destinations. In 2024, the region welcomed 36.2 million tourists, representing a 5.5% increase compared to the previous year.

While this influx has benefited local services and businesses, it has also exacerbated real estate pressures, making it increasingly challenging for locals to find affordable housing.

Some measures put forth by authorities to combat this problem include a ban on the registration of new holiday lets in parts of Málaga (which several UK and Irish media outlets have erroneously branded as a ‘three-year tourist ban’) and the recent stink kicked up about a suggestion to charge non-EU residents 100% tax on property purchases to avoid speculation on the housing market.

In response to the challenges facing the housing market in southern Spain, the regional administration, led by Juanma Moreno, president of the Junta de Andalucía, has introduced this legislative update to balance the interests of tourists, property owners and permanent residents.

The new rules mean property owners will need to carefully navigate the approval process before converting their properties into tourist flats.

Communities of neighbours will have greater influence in maintaining the residential nature of their buildings, while residents who oppose the presence of short-term rentals will have a legal framework to address their concerns.

For those already operating tourist rentals, it will be crucial to secure the support of their neighbours to continue their activities. The legislation also empowers communities to address non-compliance swiftly and effectively.

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