Can my owners' association ban tourist rentals in Spain? The three-fifths rule since 2025

Short answer: yes. Since 3 April 2025, to use a flat for tourist rental the owners' association (the comunidad de propietarios) must expressly approve it by three fifths of the owners, who must in turn represent three fifths of the participation shares. Without that agreement you cannot start. Homes that were already registered before that date do not need to ask. And the association may also charge tourist homes up to 20 % more in common expenses.

What changed in 2025?

Until then, the Spanish Horizontal Property Act allowed associations to ban or limit tourist use by a three-fifths vote, but if the association had said nothing, you could rent. The reform turned that around: now the rule is that you need authorisation. It is the difference between "it is not forbidden" and "it is allowed".

In practice, the Junta de Andalucía asks for the certificate of the association's agreement among the registration documents.

How are the three fifths counted?

You need both at the same time:

1. Three fifths of the owners (people, not flats: if someone owns two flats, they count once).
2. Those owners must add up to three fifths of the participation shares (each flat's coefficient in the deed of horizontal division).

Absent owners who do not vote against within 30 days of receiving the minutes are counted as votes in favour. It is a rule of the Horizontal Property Act that works in your favour: in many buildings the problem is not the "no", it is that nobody goes to the meeting.

Do homes that were already being rented need permission?

No. The law is not retroactive: a home registered with the Tourism Registry before 3 April 2025 keeps the situation it had. However, if it is deregistered and registered again, it will need the agreement. A change of owner (sale, inheritance) keeps the registration if it is reported as a change of holder; if it is done again from scratch, it will need the permission.

Can the association charge me more?

Yes. The association may agree, also by three fifths, special fees or an increase in common expenses of up to 20 % for tourist dwellings. It is not a fine: it is compensation for the greater use of the lift, cleaning and common areas. We explain it in Can the association charge me an extra fee?.

What if the by-laws already ban tourist use?

Then the home cannot be registered: the Andalusian rules expressly exclude homes whose association by-laws forbid tourist use. The only way out is to change the by-laws, which requires another three-fifths agreement and its registration at the Land Registry. We detail it in By-laws that ban tourist rentals.

What can the association do if I rent without permission?

Since 2025 it can demand the immediate cessation of the activity. If the owner does not stop, the association can go to court through the route for prohibited or nuisance activities (article 7.2 of the Horizontal Property Act), which can end with the owner being deprived of the use of the home for up to three years. In addition, the Junta de Andalucía can cancel the registration for failing to meet the requirement. The Andalusian Council of Property Administrators warned about this publicly in July 2025.

How do I get the agreement?

With preparation: a clear proposal, answers to the usual fears (noise, parties, the lift) and written commitments. We walk through it step by step in How to ask your association for the vote.