Holiday rentals in an apartment building: when is community approval required?
Since 3 April 2025, owners who want to start qualifying tourist-rental activity in a community property may need prior express approval from the community of owners.
Own an apartment and want to welcome holiday guests? The town hall is not the only place to ask questions. Your building’s owners’ community may also have a say. Here is how to find out what applies to your apartment.
A valid tourism registration is not the only issue for an apartment or home inside a community of owners. Spain changed the Horizontal Property Law with effect from 3 April 2025. For qualifying tourist-rental activity, an owner who wants to start the activity must obtain prior express approval from the community of owners under the statutory voting rules.
The 3/5 majority
The law refers to a favourable vote of three fifths of the total number of owners who also represent three fifths of the participation quotas. The same majority is used for decisions to approve, limit, condition or prohibit the activity and for certain special common-expense arrangements. A special increase in common expenses for the tourist-rental property may not exceed 20% under this provision.
| Situation | Point to check |
|---|---|
| Starting tourist activity after 3 April 2025 | Prior express community approval can be required. |
| Activity already lawfully carried out before the reform | A transitional provision protects certain owners who were already operating under the applicable tourism rules. |
| Community statutes already contain restrictions | Review them separately; the statutory approval requirement does not make the statutes irrelevant. |
| Detached home with no owners’ community | This particular community-approval layer may not apply, but municipal and tourism rules still do. |
Existing operators need a different analysis
The reform contains a transitional rule for an owner who was already exercising the relevant activity before the new provisions entered into force and had previously complied with the sectoral tourism rules. That means an existing HUT should not automatically be treated the same as a completely new activity. Evidence of when the activity began and under which authorisation can therefore be important.
Documents worth checking
- Community statutes and title deed.
- Minutes of meetings dealing with tourist rentals.
- Proof of any express approval.
- Date the tourist activity actually started.
- HUT and municipal documentation showing the earlier legal position.
Community approval and municipal/tourism permission are different layers. Getting approval from neighbours does not oblige a municipality to permit the use, and a HUT does not automatically satisfy community law.
Frequently asked questions
Can the community prohibit tourist rentals?
The Horizontal Property Law provides a 3/5 voting mechanism for decisions that approve, limit, condition or prohibit the relevant activity, subject to the statutory framework and non-retroactivity rules.
Do the rules apply retroactively to every existing HUT?
The legislation includes transitional protection for certain owners already carrying out the activity before the reform and previously operating under the sectoral tourism rules.
Should I buy an apartment because the seller says ‘tourist licence included’?
Check both the tourism/planning file and the community-of-owners position before placing economic value on the rental potential.
Start with the building documents
A HUT registration and community approval are different questions. Confirm both before budgeting for guests. When the checks are complete, look at our rental service for property owners for the operational side.
This article was reviewed on 17 September 2026 against the official source linked to this knowledge-base entry. Rental and housing rules can change at national, Catalan and municipal level. For decisions about a specific property or contract, verify the current position for that address and situation before acting.
This article is informational; always check current official rules and your agreement.