In 2025, Spain introduced a new national regulation that significantly impacts the short-term rental market, especially in high-demand tourist areas. Property owners and investors need to be aware of how this change could affect their ability to rent out homes to holidaymakers.
Why This New Law Matters
This legislation allows residential communities (comunidades de vecinos) to vote on whether short-term tourist rentals should be allowed in their building. If 60% of property owners agree, they can ban this type of rental activity.
This measure is a response to growing public pressure in cities like Barcelona, Palma de Mallorca, and Santa Cruz de Tenerife, where residents face rising housing costs and overcrowding due to tourism.
Key Points of the New Regulation
Community Vote is Legally Binding
If 60% of homeowners in a building vote to prohibit short-term rentals, their decision is enforceable. This applies even if some owners were already operating holiday rentals.
Applies Mainly to Apartment Buildings
The law is primarily focused on multi-family residential buildings. Detached houses and villas are generally not affected, although local regulations may still apply.
Supported by Court Rulings
Courts in Spain have already upheld the legal power of communities to restrict short-term rentals. This new national rule reinforces that position, giving more legal clarity and authority to homeowners’ associations.
Implications for Foreign Property Investors
For international buyers planning to rent their Spanish property to tourists, this regulation introduces new risks and considerations. Investors will need to:
- Investigate the building’s community rules before purchasing
- Understand the attitudes of current residents regarding tourist rentals
- Consider alternative rental strategies
This legal change may impact the profitability of certain investment properties, particularly in urban and coastal areas with high tourism traffic.
What Can Property Owners Do?
Review Community Bylaws
Before buying a property, request the official statutes (estatutos de la comunidad) and meeting records. These documents will reveal whether there are restrictions on holiday rentals or ongoing discussions about future bans.
Seek Legal Advice
A local real estate lawyer can help interpret the community rules, analyze potential risks, and ensure your investment is secure and compliant.
Consider Alternative Rental Models
If short-term rentals are not allowed or become less viable, owners may explore:
- Mid-term rentals to professionals, remote workers, or students
- Long-term leases for local tenants
- Seasonal use for personal holidays combined with select rental periods
A Shift Toward Responsible and Sustainable Rentals
The 2025 reform reflects Spain’s effort to create more sustainable and community-friendly tourism models. While it may limit short-term rental opportunities in some areas, it also offers a more stable legal framework and encourages responsible property investment.
Need guidance on buying or renting property in Spain under the new law?
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