Tourist flats and owners' communities: the three-fifths rule
Since April 2025 a new tourist flat in Spain needs the building community's approval. Which majority applies and what to check before buying to let.
1 min read
Data and events refer to: April 2025.
Since 3 April 2025, Organic Law 1/2025 has changed Spain's Horizontal Property Act. An owner who wants to start tourist letting in a flat needs the express approval of the owners' community.
Which majority is needed
Three-fifths of the owners, who must also represent three-fifths of the participation shares. Without it, the activity cannot begin in that building.
Flats already operating
Published reports indicate that the rule looks at new flats, and that those already compliant before that date may continue. Be ready to prove it with documents, and review the building's statutes.
Before buying for tourist letting
- Ask for the statutes and the latest community minutes.
- Ask whether any agreement on tourist use exists.
- Check regional and municipal rules: some cities limit these licences by area.
- Run the numbers for a standard rental too, in case tourist letting is not possible.
Do not assume a flat can be let to tourists because a neighbour's is.
