Tourist Apartments in Spain: Owners’ Associations, Licences and Key Steps

1️⃣ National Legal Framework (What Has Changed)

Since 3 April 2025, a reform of the Spanish Horizontal Property Act (Ley de Propiedad Horizontal, LPH) has come into force.

The reform now requires express authorisation from the community of owners to use a dwelling for tourist or short-term rental purposes.

Additionally, communities may agree to prohibit such activity through qualified majority votes as provided by law.

This represents a major shift from the previous regime — which was based merely on the absence of a prohibition — and grants the community a prior approval power.

What Remains in Force (Article 17.12 LPH)

Communities may still limit or condition tourist rentals, or adjust contributions (for example, surcharges of up to 20 % on common expenses) through qualified majority agreements, subject to the required formalities and registration for full enforceability.

The Spanish Supreme Court’s case law since 2019 had already defined these powers, now strengthened by the 2025 reform.

Administrative Practice After the Reform

Local councils and land registries now require applicants to prove community authorisation or statutory compatibility before issuing licences or registrations.

Since April 2025, registrars have reported a notable rise in such requests.

2️⃣ Prior Approval by the Owners’ Association: How It Works

1. Check bylaws and previous agreements: if a restriction is already registered, it is binding; otherwise, express authorisation is required.

2. Call a meeting: include on the agenda “Authorisation to use dwelling X for tourist purposes.”

3. Required majority: the qualified majority set by the reformed LPH and/or the community’s bylaws applies. Record the agreement in the minutes and, if necessary, register it for full legal effect.

4. Certificate of the resolution: issued by the administrator or secretary with the president’s approval, to be submitted to the municipal or regional authority processing the licence or registration.

Note: in residential complexes or multi-community buildings, dual authorisation (from the subcommunity and the main community) may be required.

3️⃣ General Steps to Obtain a Licence or Registration

Procedures differ between regions and municipalities, but the general structure is as follows:

A. Preliminary Phase

• Community authorisation (mandatory since April 2025).

• Urban compatibility certificate: confirmation that tourist use is permitted under local planning.

• Occupancy permit or equivalent, and compliance with safety conditions.

B. Regional / Municipal Phase

• Prior declaration, responsible statement or municipal licence, depending on the territory.

• Registration in the regional registry of tourist dwellings or apartments.

Typical documentation:

• Owner and property details.

• Community authorisation agreement.

• Civil liability insurance, complaints forms, signage, and customer service contact (depending on regional decree).

C. Operation Phase

• Display of the registration number on listings and platforms.

• Compliance with police, tax, and consumer obligations.

• Observance of community and municipal rules on noise, occupancy, and inspections.

4️⃣ Regional Differences (Quick Overview 2025)

Region of Murcia

Regulated by Decree 256/2019 (10 October), which requires registration and community authorisation.

In coastal municipalities such as Los Alcázares, applicants must ensure urban compatibility, meet technical standards (equipment, furnishings, immediate availability), and file the required declaration or licence.

Valencian Community (Valencia / Alicante)

Governed by Decree-Law 9/2024 (2 August), which tightens registration and inspection requirements.

Applicants must provide municipal compatibility, registration, and community authorisation.

In coastal areas like Alicante and Valencia City, reviewing the community’s bylaws and obtaining prior approval is essential.

Los Alcázares (Murcia)

Follows Murcia’s regional framework. Requires prior community approval, proof of residential land compatibility, and registration as a tourist dwelling (VUT).

Obtaining a compliance verification report is highly recommended to minimise legal risks.

5️⃣ Viability Checklist (Before Investing)

1. Will the community approve the activity? (Assess voting power and bylaws).

2. Obtain written confirmation of urban compatibility.

3. Determine which regime applies (VUT vs. tourist apartments) and which regional decree governs it.

4. Plan costs and compliance (fees, insurance, smoke detectors, ventilation, etc.).

5. Assess regulatory risk — major cities such as Barcelona may restrict or revoke licences by 2028–2029.

Closing and Contact

If you are considering converting your property into a tourist or short-term rental in Murcia, the Valencian Community, or Los Alcázares, and wish to ensure your investment complies fully with the law,

MN Legal Firm can assist you.

Our expert team, specialised in tourism regulations, owners’ associations, urban licences, and property management across Spain’s coastal regions, is ready to guide you through every step of the process.

asempere@mnlegalfirm.com | 🌐 www.mnlegalfirm.com