Since April 2025, a new tourist flat needs the approval of 3/5 of the community. Here is how it works.
Organic Law 1/2025, in force since 3 April 2025, reformed Article 17.12 of the Horizontal Property Law and introduced a paradigm shift for tourist flats in buildings under horizontal-property rules.
The new rule: to use a dwelling for tourist letting it is no longer enough to comply with sector tourism rules; you also need the express approval of the community, by the favourable vote of three-fifths (3/5) of the owners who in turn represent three-fifths of the participation shares.
The shift: previously, the general rule was that tourist letting was allowed unless expressly prohibited. Now it is reversed: it is not allowed unless the community expressly authorises it. This is a substantial change for anyone buying with the intention of letting to tourists.
Protection for existing operators: those already carrying on the activity before the law entered into force, and complying with tourism rules, may continue under the conditions and timelines provided. In principle the reform does not apply retroactively to established activity.
Practical advice: before buying an apartment in Marbella intending to let it to tourists, check the community's bylaws and resolutions. At R M Legal Services we assess the feasibility before you sign.
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