On April 3, 2025, theOrganic Law 1/2025came into force, amending article 17.12 of the Condominium Law. The key change:your homeowners' association can now ban you from renting your property to tourists.
This law only affects new short-term rentals. Licenses granted before April 3, 2025 are protected by the principle of non-retroactivity.
What has changed?
Before the reform, a three-fifths majority could onlyregulateshort-term rental use, but notban it. The new wording expressly allows for atotal ban. Any owner wishing to start a short-term rental activity today must obtain express authorization from their homeowners' association before applying for a license.
What majority is required?
The law requires a qualified double majority ofthree-fifths: three-fifths of the number of owners AND three-fifths of the participation shares. Both conditions must be met simultaneously.
Does it affect my existing licenses?
- The lawis not retroactivewith respect to licenses granted before April 3, 2025.
- When your license expires, renewal will already be subject to the new regulations.
Recommendation:keep all documentation proving you were operating before April 3, 2025.
The 20% surcharge on shared expenses
With the same three-fifths majority, the homeowners' association canimpose a surcharge of up to 20%on the shared expenses of properties used for short-term rental, even those that already hold a license.
Sanctions
- Cease-and-desist orderissued by the homeowners' association.
- Fines of up to €600,000depending on the autonomous region.
- Removal of listingsfrom platforms within 48 hours.
How can you defend yourself?
- Validity of the resolution:was the double majority reached correctly? Procedural defects can invalidate it.
- Date of your license:if it predates April 3, 2025, the ban does not directly affect you.
- Bylaws:if they already expressly permitted short-term rental use, a later resolution may be challengeable.