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News and Events on Spanish Laws and Taxes

Can my neighbors prohibit tourist rent?

Can my neighbors prohibit tourist rent?

Developing tourist rent in a block of apartments, o in an urbanization may disturb the pacific use of your neighbors and residents of the urbanization.

In order to protect this situation, Spanish laws have created a law which establishes that the use of the tourist rent at the urbanization may be limited, conditioned, and even forbidden.

Which law regulates the right of the Community of owners to limit or condition the use of tourist rent?

The Spanish Ley de Propiedad Horizontal (RD 7/2019 de 1 de Marzo) establishes that, with the 3/5 of the votes from the neighbours who represents at least the 3/5 of the co-owners, the Community may limit, condition, or even forbidden the use of tourist rent at the building, or at the urbanization.

The law also gives authorization to the Community of owners to “increase” the community charges from those owner who develop the tourist rent activity up to 20 %.

Also, the law requires the Co-owners to register that kind of agreement at the land registry office to make this so important information valid to anyone.

Is this limitation retroactive?. In other words, can this limitation be used against those apartments which already have the tourist rent?

The answer is NO. In case the Community of owners approved that kind of limitation or prohibition, it cannot be used against those properties which, at the time of the prohibition agreement, they had already obtained the tourist rent license.