Revolution in Short-Term Rentals in Spain – What Do Landlords Need to Know?

Introduction: Why Are the Changes in Rental Laws Important?

As of April 3, 2025, new regulations concerning the short-term rental market have come into force in Spain. For many people owning vacation properties — including a large number of Poles — these changes are highly significant. They introduce new restrictions, obligations toward homeowners' associations, and high financial penalties for violations.

Spain has long been a very popular destination among tourists, and consequently, among investors purchasing apartments for rental purposes. However, the new law may reverse this trend or at least significantly modify it.

What Changed After April 3, 2025?

The amendment to Spanish law requires that any form of short-term rental (up to 30 days) must be approved by the homeowners' association where the property is located. This means that owners can no longer unilaterally decide to rent out their properties to tourists.

The new law was introduced to:

• Regulate the tourist property market,

• Protect residents from disturbances,

• Increase the availability of housing for local tenants.

Homeowners' Association as the Decision Maker – 60% Approval Required

According to the new regulations, in order to legally conduct short-term rental activity, the owner must obtain the approval of at least 60% of the members of the homeowners' association. This is a significant change, as such decisions were previously often made individually, without the knowledge of other residents.

The association may:

• Approve short-term rentals (e.g., under certain conditions),

• Reject the request if the activity is considered a nuisance,

• Report illegal rentals to the authorities.

Penalties for Renting Without Consent – Up to €600,000

Lack of consent from the homeowners’ association is no longer just a neighborly dispute — it can now result in serious financial consequences. Local authorities have the right to impose hefty fines on property owners violating the regulations.

Note: Fines may vary depending on the region — in cities like Barcelona or Valencia, they can be significantly higher than, for example, in Alicante.

How to Legally Rent Your Property to Tourists

To operate within the law, a property owner should:

1. Request approval from the homeowners’ association – ideally during a formal meeting of residents.

2. Register the rental activity with the local tourism office.

3. Obtain a short-term rental license.

4. Comply with health and fire safety regulations.

5. Include the license number in every listing (e.g., on Airbnb).

Legal Tips and Common Mistakes Made by Owners

Common mistakes to avoid:

• Operating an “off-the-books” rental — without registration or a license.

• Ignoring the rules set by the homeowners’ association.

• Failing to collect written documentation of neighbor approval.

• Making only verbal agreements with tenants — with no legal protection.

Tip: Hire a local lawyer or rental management firm — they can help guide you through the formalities.

The Importance of These Changes for Polish Investors in Spain

In 2024, Poles purchased over 4,000 properties in Spain — mainly with the intention of renting them out. For many, the new regulations mean they must now:

• Verify rental eligibility within their building,

• Adjust their business model — possibly toward long-term rental,

• Obtain proper permits and register their activity.

FAQ – 6 Questions and Answers About the New Law

1. Does long-term rental also require community approval?
   No. The new law only applies to short-term rentals (up to 30 days).

2. Do I need to register the property in each province separately?
   Yes. Registration is local and must be done with the appropriate authority.

3. What if my homeowners’ association does not formally exist?
   In that case, contact the building administrator — general municipal regulations usually apply.

4. Can I appeal the decision of the community?
   Yes, but it requires legal proceedings, which may be time-consuming and costly.

5. Does the law apply to all homes, even those outside city limits?
   Yes, although rural or tourist areas may have slightly different requirements.

6. Do the new regulations apply to foreigners?
   Yes, every person who owns property in Spain must comply with the law.

Summary and Recommendations

The revolution in short-term rentals in Spain is a step toward greater order and transparency in the property market. While these changes require more formalities from owners, they also provide better protection for residents and set clear rules.

What should you do now?

• Check if your community allows short-term rentals.

• Make sure your rental activity is legally compliant.

• Consider alternatives — such as long-term leasing.

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