Short-term tourist rentals are one of the most common sources of conflict between neighbours in recent years. Following the reform of the Horizontal Property Act and the latest Supreme Court rulings, the rules have changed. We explain, in plain language, when a community of owners can ban tourist rentals, what rights the owner has, and how the resolution must be adopted to be valid.
1. The starting rule: what is not expressly prohibited is allowed
For years, many communities believed that a generic clause in the bylaws —along the lines of “the units shall be used as dwellings” or “no industrial or commercial activities may be carried out”— was enough to prevent tourist rentals. The Supreme Court has made clear that this is not the case.
In its judgment 264/2025 of 18 February, the Court confirmed that, in order to ban tourist rentals, the restriction must appear expressly and unequivocally in the bylaws. A general reference to residential use does not prohibit this activity, because a tourist rental is still a residential use, even if of a rotating nature. Along the same lines, the Directorate-General for Legal Security and Public Attestation (resolution of 28 July 2025) held that a clause reserving the units “for dwelling, with no services or industries” did not prevent obtaining the short-term rental registration number.
Practical conclusion: if the bylaws contain no specific prohibition of tourist use, a generic clause is not enough, on its own, to presume that it is prohibited.
2. The Supreme Court’s shift: a 3/5 majority, not unanimity
The second major milestone is the judgment of the Full First Chamber of the Supreme Court no. 1232/2024 of 3 October. Until then, it was debated whether introducing this type of prohibition required the unanimous agreement of all owners.
The Court reasoned that requiring unanimity would be absurd: a single vote against by the owner wishing to rent would be enough to block any prohibition, rendering the rule meaningless. It therefore held that the prohibition or limitation of tourist rentals may be agreed by the qualified majority of three fifths of the total number of owners who, in turn, represent three fifths of the participation quotas.
3. The reform of the Horizontal Property Act (Article 17.12)
This case law has been reinforced and given the force of statute. Organic Law 1/2025 of 2 January amended Article 17.12 of the Horizontal Property Act, in force as of 3 April 2025. There are three key points:
- Express agreement by a 3/5 majority. Any resolution to authorise, limit, condition or prohibit tourist rentals requires the favourable vote of three fifths of the owners representing three fifths of the quotas. Allocating a dwelling to tourist use now requires the express approval of the community.
- Possible surcharge of up to 20%. With that same majority, the community may agree increases of up to 20% in the share of common expenses borne by units used for this purpose, in view of the greater wear and tear they generate.
- No retroactivity. The reform does not affect tourist dwellings that were already legally carrying out the activity before it came into force. A subsequent prohibition cannot expel an owner who was already operating lawfully.
4. Generic clauses are not enough: express wording is required
This point bears repeating, because it is the source of most disputes. A generic clause is not enough to treat tourist rentals as prohibited, and an ambiguous resolution is not enough to prohibit them. The prohibition or limitation must be clear, unequivocal and recorded in the minutes; and, in order to take effect against third-party purchasers —for example, someone who later buys a unit in the building— the prudent course is to register it at the Land Registry. A poorly drafted or unregistered resolution is the most frequent cause of its later annulment.
5. Three practical scenarios
Scenario 1. An owner who wants to start the activity now
The order of priorities is clear: first, the express agreement of the community of owners (a 3/5 majority); then, the regional tourist licence; and, in parallel, municipal urban-planning compatibility. Without the community’s approval, the activity is flawed from the outset.
Scenario 2. An owner already operating before 3 April 2025
If your dwelling was legally carrying out the activity before the reform, it is protected: a subsequent prohibition does not apply to it. The key is being able to prove that you were operating lawfully —with a licence and, where applicable, regional registration— before that date.
Scenario 3. A community that wants to ban or limit tourist rentals
The community has the tool: it can prohibit, limit or condition the activity by a 3/5 majority and, in addition, approve the surcharge of up to 20% in common expenses. What is decisive is that the resolution is adopted by that majority, drafted unequivocally, recorded in the minutes and, preferably, registered at the Land Registry.
6. What to do now: recommendations
Our down-to-earth recommendation is not to act on headlines and to review three fronts:
- Review your community’s bylaws and minutes: check whether there is an express prohibition of tourist use or any resolution adopted after 3 April 2025.
- If you are an owner, also verify the regional tourist licence and municipal urban-planning compatibility: these are requirements independent of the community’s agreement.
- If you are a community, make sure the resolution is adopted by a 3/5 majority, correctly recorded in the minutes and registered so that it is enforceable against third parties.
Every building and every case has its own nuances, and at a time of regulatory change like this one the details matter enormously. A timely review prevents penalties, expenses and litigation that could almost always have been avoided.
7. Summary: the key points
- A generic clause in the bylaws does not prohibit tourist rentals: an express, unequivocal prohibition is required (Supreme Court judgment 264/2025).
- The community can prohibit, limit or condition the activity by a three-fifths majority, not by unanimity (judgment 1232/2024 and Article 17.12 of the Act).
- Since 3 April 2025, allocating a dwelling to tourist use requires the express agreement of the community; a surcharge of up to 20% in common expenses may also be imposed.
- The reform is not retroactive: dwellings already operating lawfully before that date are protected.
Do you need advice on tourist rentals in your community?
Whether you are an owner who wants to protect an investment or part of a community seeking to bring order, the margin for error is small and the financial consequences are considerable. At Quikprokuo we have more than 25 years of experience advising on real estate and urban planning law. We will study your specific case —bylaws, owners’ meeting resolutions, licences and registration— and tell you clearly where you stand.
