If you’re considering buying property in Spain with the intention of generating income through short-term tourist rentals, there’s an important legal change you need to be aware of.

Starting April 3, 2025, Spain will enforce a reform to the Horizontal Property Law (Ley de Propiedad Horizontal) that directly affects how tourist rentals are authorized in apartment buildings or residential communities.

As a real estate expert active in the Costa del Sol, I want my clients and investors to understand this reform clearly—because it can influence both your return on investment and your property strategy.

🧾 What’s Changing?
From April 3, 2025, all property owners in a community (urbanización, residential complex, etc.) will need prior approval from the community of owners to legally operate a tourist rental.

Until now, many buyers assumed that purchasing a property and registering for a tourist license was enough. But the new law adds an extra layer: the community of owners can now decide whether tourist rentals are permitted.

This rule will apply to any new tourist rental activity started after April 3, 2025.

📋 What Will You Need to Do?
If you are buying in a multi-unit development (e.g., apartment building, gated community, etc.), and want to rent your property to tourists, you’ll need:

✅ A vote in favor from the community of owners. This means getting approval during a General Assembly meeting.

✅ A 60% majority (3/5) of all owners must agree.

✅ A 20-day waiting period after the vote for any objections.

Only after this process can you proceed to register your rental activity legally.

❗ What About Existing Tourist Licenses?
Here’s the good news:
If a property has already been granted a valid tourist rental license before April 3, 2025, it will not be affected. No further community approval will be required.

💡 That makes early action crucial. Buyers who secure a license before the law changes will be in a much stronger position.

Luxus-Apartment am Strand

🛑 What Happens If You Don’t Comply?
Operating a tourist rental without community approval (after April 3, 2025) can lead to:

Immediate orders to cease activity
Legal action from the community of owners
Potential fines or loss of license

🧠 Why Does This Matter for Investors?
Tourist rentals—especially in high-demand areas like Marbella, Málaga, Estepona, and the entire Costa del Sol—can generate strong returns. But these legal changes mean:

Due diligence is more important than ever before buying
Choosing the right building or community matters
Pre-licensed properties may become more valuable

✅ What Should You Do Now?
🔹 If you’re planning to buy: Work with a local expert who understands the urban regulations and the legal climate.
🔹 If you already own or are close to purchasing: Start the license process now, before the April 2025 deadline.
🔹 If you’re an investor evaluating multiple options: Give preference to properties that are already licensed or in communities that allow tourist rentals.

📩 At HF Heidi Fischer Marbella Properties, we assist our international clients not just in finding exceptional properties—but in making smart, compliant, and future-proof investments.

If you’re considering a purchase in Spain, especially for short-term rental income, now is the time to act.

Let’s talk strategy.

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