Before buying or continuing to operate a tourist rental, checking whether a licence exists is not enough. Condominium statutes and owners' resolutions can be decisive, particularly since the reform of the Horizontal Property Act that entered into force on 3 April 2025.
First step: obtain the full statutes
The review should begin with the complete registered condominium statutes. A general reference to “residential use” should not automatically be treated in the same way as an express prohibition of tourist activity. It also matters whether the clause was registered and in force when the activity began.
Second step: review owners' resolutions
Meeting minutes can establish when a restriction was adopted, which majority was obtained and which activity was actually being discussed. Under the current framework, Article 17.12 of the Horizontal Property Act provides for a three-fifths majority of owners and participation quotas for certain decisions concerning tourist activities.
Third step: check whether the activity predates 3 April 2025
The date can change the legal analysis. The current rules contain specific provisions for activities that were already operating and complied with the applicable requirements before the reform entered into force.
A tourism licence and condominium approval are different questions
An administrative authorisation does not automatically replace the condominium-law analysis. Likewise, the existence of a condominium clause does not remove the need to comply with the tourism and planning rules of the relevant autonomous community and municipality.
Checklist before buying or appealing
- Land Registry extract and title deed.
- Complete, up-to-date condominium statutes.
- Owners' meeting minutes concerning tourist use.
- Date the activity started.
- Licence, authorisation or declaration responsible for the activity.
- Current planning and tourism rules.
- Documents relating to any administrative proceedings.
Conclusion
In 2026, the question is not simply whether “the condominium allows” or “prohibits” a tourist rental. The relevant issues are the exact wording of the title or statutes, the owners' resolution, the majority obtained, when the activity began and which administrative rules apply.