Since 3 April 2025, Spain’s Horizontal Property Act contains specific rules concerning certain tourist activities. In 2026, several registry decisions have again highlighted the documentation owners may need to provide.
The position may differ for a property that was lawfully operating before 3 April 2025 and one whose tourism authorisation was obtained afterwards.
The current general rule
Article 7.3 of the Horizontal Property Act requires, for tourist activity under the applicable sector rules, express condominium approval under Article 17.12, subject to any applicable transitional provisions.
What majority is required?
Article 17.12 requires three-fifths of all owners and three-fifths of the participation quotas to approve, limit, condition or prohibit tourist activity within the statutory framework.
What if the statutes already prohibit tourist use?
The answer depends on the exact wording and timing of the condominium statutes. If an applicable statutory prohibition exists, a simple approval may not be enough and an amendment of the statutes may have to be considered.
Practical tip: before buying or converting a property for tourist use, obtain an updated copy of the deed, condominium statutes and relevant owners’ meeting minutes.
Why registry decisions matter
Decisions published in 2026 show that condominium documentation can be decisive when a tourist activity has to be evidenced. It is not enough to say that neighbours knew about the activity: the legal position should be supported by the relevant documents.
What an owner should review
- Actual start date and authorisation for the activity.
- Condominium deed and statutes.
- Owners’ meeting minutes and agreements on tourist use.
- Majorities obtained and how votes and quotas were counted.
- Tourism and planning rules applicable to the municipality.