For owners
Can my community of owners ban holiday lets in Spain? What it can and can't do
What a Spanish community of owners can decide about holiday lets: prior approval, the three-fifths vote, outright bans, a 20% surcharge and existing rights.
By Nicolás, founder of ERA Holiday Rentals · Published 11 November 2026 · 6 min
Yes, a Spanish community of owners can ban or restrict holiday lets in its building or complex, but only with a vote in favour from three-fifths of the owners (who must also hold three-fifths of the shares), the decision can't be applied retrospectively, and it only covers tourist lets. Since 3 April 2025, anyone who wants to start letting to holidaymakers also needs the community's express prior approval.
In the homes we manage in Marbella, Málaga and along the Costa del Sol, the community of owners is now the first thing we ask about, before we talk about pricing or photos. Here's what the law says, what the owners' meeting can and can't decide, and what to do if your community is considering a ban. This is general information: if you're in a dispute, speak to a lawyer or your property administrator.
What does Spanish law say about communities and holiday lets?
The rules sit in the Horizontal Property Law (Ley de Propiedad Horizontal, Law 49/1960), which has been amended twice on this point:
- Article 17.12 (added by Royal Decree-law 7/2019): the owners' meeting can limit or set conditions on holiday-let activity with a vote from three-fifths of all owners who also represent three-fifths of the participation shares. With the same majority it can set special fees or an increase of up to 20% in those homes' share of communal costs. The law itself says these agreements have no retrospective effect.
- Article 7.3 (added by Organic Law 1/2025, in force since 3 April 2025): an owner who wants to start using their home as a holiday let needs the community's express prior approval, with the article 17.12 majority. If they start without it, the community president can go to court to stop the activity.
These rules apply to apartment buildings and to complexes under horizontal property rules, including gated developments of villas or townhouses with shared areas, which are very common in Marbella.
Can the community ban holiday lets outright?
Yes. For years it was argued whether "limit or set conditions on" included a ban. Spain's Supreme Court, in judgments 1232/2024 and 1233/2024 of 3 October 2024, handed down by the full Civil Chamber, settled it: a three-fifths majority is enough to ban tourist lets in the building, without unanimity.
The other route is the community statutes. If your statutes already prohibit using the homes for business or lodging activities, that clause may rule out holiday lets even if it never mentions them by name; it depends on the exact wording. For a ban in the statutes to bind a new buyer, it must be registered at the Land Registry.
What can't the community do?
Communities have a lot of room, but there are limits:
| The community can… | The community can't… |
|---|---|
| Ban or restrict holiday lets with 3/5 of owners and shares | Do it by simple majority or without the double majority |
| Require prior approval from anyone starting after 3/4/2025 | Apply the decision backwards to someone already letting legally |
| Raise those homes' share of communal costs by up to 20% | Impose a surcharge above 20% this way |
| Set rules for shared areas (pool, hours, noise) | Use article 17.12 to ban mid-term or long-term rentals |
One important point about the vote: owners who are absent are notified of the decision and, if they don't object within 30 calendar days, their vote counts as a yes (article 17.8). So if you're against it, staying away from the meeting isn't enough. You need to object in writing within the deadline, which is easy to miss if you live abroad.
What if I was already letting before the vote?
If you were already letting to holidaymakers legally (with the home on the Andalusian Tourism Register) before the community passed a ban, the decision doesn't affect you, because it has no retrospective effect. Likewise, anyone already running a holiday let before 3 April 2025 doesn't need to seek article 7.3 approval now.
What the community can apply to you is the surcharge of up to 20% on communal costs and the general house rules. Our advice: keep the paperwork that proves when you started (the registration decision with your VFT number, early bookings, invoices). If there's ever a dispute, the start date is what counts.
Buying or selling a flat with a tourist licence
Take care here. If you're buying a home that already operates as a holiday let, check before you sign:
- The community minutes for the last few years, and whether an article 17.12 decision is in force or on the agenda.
- The statutes registered at the Land Registry.
- The entry on the Andalusian Tourism Register, and that the VFT number matches that property.
- Local council rules: in Málaga city, for example, the suspension of new licences makes a big difference to the value of a home that already has one (more on that here).
If the home stops operating or is taken off the register, the new owner may find they need the community's approval as if starting from scratch.
How to ask your community for approval, step by step
If you're about to start letting a home in a building or complex to holidaymakers, this is the order we follow with owners:
- Talk to the property administrator and ask for the item to go on the agenda of the next meeting (or for an extraordinary meeting).
- Present a clear plan: maximum number of guests, who manages it, a 24-hour contact number, house rules, quiet hours, and how keys and access are controlled.
- Make sure the decision is recorded in the minutes with the majority obtained. Those minutes are your proof.
- Then register the home with the Andalusian Tourism Register. Our guide to the Andalusian tourist rental licence (VFT) walks you through it.
- Register every guest on SES Hospedajes from the very first booking.
In our experience, what wins neighbours over isn't a legal argument. It's knowing there's someone reachable who will respond if there's noise, and that the flat won't fill up with parties.
FAQs
Can the community stop me letting my flat by the month? Not under article 17.12, which only covers tourist lets. Mid-term rentals and long-term lets fall under the Urban Leases Act.
Does my vote count if I don't attend the meeting? Yes: if you don't object in writing within 30 days of being notified, it counts as a vote in favour.
Can the community charge me more because I run a holiday let? Yes, with a three-fifths majority, up to 20% more of the communal costs.
What if my community approves a ban after I've started? If you started legally before the vote, you can carry on: the decision isn't retrospective.
How ERA helps
Before we list a home, we go through the statutes, minutes and council rules with you and, if needed, help you prepare the proposal for the owners' meeting. Once the home is running, we look after the neighbours too: occupancy limits, clear house rules and a phone line that answers. See our pages on holiday rental management in Marbella and management in Nueva Andalucía.
Own a home on the Costa del Sol and not sure whether your community will let you rent it to holidaymakers? We'll prepare a free study of your case, covering both the legal side and the numbers. Request your free study here.
About the author
Founder of ERA Holiday Rentals
He started out on the maintenance team of a holiday rental management company, where he learned how the business works from the inside, and founded ERA to manage homes in Marbella and on the Costa del Sol with more transparency. He runs ERA's property management from our base in Benalmádena.
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