Can My Neighbors Prohibit Tourist Rentals in Spain?

If you are planning to invest in a property in Spain for tourist rental purposes, or if you already own a flat you want to list on platforms like Airbnb or Booking, you must first understand the legal limits that may apply in apartment blocks or residential communities (urbanizaciones). In recent years, the rise of tourist rentals has led to growing tension among neighbors, and Spanish law has introduced specific mechanisms to allow communities of owners to limit or prohibit this activity under certain conditions.

Below, we explain when and how your neighbors (through the community of owners) may legally restrict or ban tourist rentals, what law applies, and whether those restrictions can be applied retroactively.

Why Would a Community of Owners Want to Ban Tourist Rentals?

Tourist rentals, while profitable, can often create nuisances in residential communities, such as:

Frequent noise from different guests.
Constant presence of strangers in communal areas.
Misuse of pools, gardens, elevators, or parking spots.
Increased maintenance costs due to higher wear and tear.
Security concerns.

These issues can negatively affect the peaceful enjoyment of property for long-term residents. For that reason, Spanish law recognizes the right of communities of neighbors (comunidades de propietarios) to vote on restrictions or even a complete ban on tourist rentals within the building or urbanization.

What Law Allows Communities to Ban Tourist Rentals?

The legal basis for such restrictions is Royal Decree Law 7/2019, of March 1st, which modified the Spanish Horizontal Property Law (Ley de Propiedad Horizontal). This law governs how residential buildings and urbanizations are managed when ownership is divided among several co-owners.

Article 17.12 of the Horizontal Property Law now states that:

“A resolution adopted by a 3/5 majority of the total number of owners, representing 3/5 of the ownership quotas, may limit or condition the exercise of the activity of tourist rental of flats, or even prohibit it outright.”

This means that you don’t need unanimity—which was the rule before 2019. Now, if at least 60% of the owners representing 60% of the building’s shares vote in favor, tourist rentals can be restricted or banned.

Can the Community Increase Charges for Tourist Rentals?

Yes. The same law also gives communities of owners the power to approve a surcharge of up to 20% on the common expenses (community fees) for owners who use their properties for tourist rental. This measure is intended to compensate the community for the extra use of communal facilities and resources caused by short-term guests.

This resolution also requires a 3/5 majority vote and must be clearly justified and proportional.

Does This Prohibition Apply Retroactively?

No. Any ban or limitation on tourist rentals approved by the community of owners is not retroactive. This means that:

If a property owner already had a valid tourist license at the time the community approved the ban, they can continue operating the tourist rental.
However, new owners or properties that haven’t registered their license before the vote will be affected.

This principle is grounded in legal certainty: you cannot apply new rules to situations that were legal under the old rules, especially when the owner has already obtained a license or submitted the required documentation to the competent authority.

Is It Mandatory to Register the Agreement?

Yes. For the limitation, condition, or prohibition to be enforceable against third parties (such as future buyers or tenants), it must be:

Voted and passed by the required majority (3/5).
Formally recorded in the minutes of the community meeting.
Registered at the Land Registry Office (Registro de la Propiedad).

Without registration, a future buyer might not be aware of the restriction and could challenge its enforceability.

What Happens If You Violate the Ban?

If you rent your property for tourist use despite a valid ban adopted by the community:

You may face civil claims from the community for breach of the agreement.
The community may file an injunction (acción de cesación) to legally force you to stop.
You may also face administrative fines from the local government if you operate without the required tourist license or violate local regulations.

Conclusion: Check the Community Rules Before Investing

If you’re considering buying a flat in Spain for tourist rental, always check the statutes of the community of owners, the minutes of recent meetings, and whether any limitation on tourist rentals is in place or under discussion. This information is essential before making a purchase, and your lawyer should request it as part of the due diligence process.

Remember: even if tourist rental is legal in your region and your property qualifies for a license, your neighbors may still have a say—and they have the law on their side to limit or prohibit the activity.