I bought an apartment in Dubai: how holiday letting works
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Holiday rental licence in Spain: when you need your neighbours' permission
Under the new rules you will need your neighbours' approval to rent your flat to tourists. We explain how to adapt and what alternatives you have.
Leticia Heres · · 3 min read
Since 3 April 2025, an owner who wants to start a holiday rental business in a home in a building under horizontal property (a block with shared ownership) must first obtain the express approval of the comunidad de propietarios (owners' association). A double three-fifths majority is required, of both the owners and the participation shares, in addition to complying with the applicable tourism regulations.
If you own a home you want to let to tourists, you will probably have heard about the regulatory changes coming into force in April 2025. One of the most important is that you will now need your neighbours' approval to keep operating. At beBalmy, we know this new requirement can raise doubts and concerns, so we explain in detail how it will affect your property and what options you have to adapt without problems.
When does this law come into force?
The Ley Orgánica de Eficiencia de la Justicia (Organic Law on the Efficiency of the Justice System), which introduces this new obligation, takes effect on 3 April 2025. From then on, any owner who wants to use their home as a holiday rental will need the approval of three-fifths of the owners' association at a meeting.
What about properties licensed before 3 April?
If your holiday flat already had a licence before that date and complies with current regulations, you can keep operating without asking the community for permission. However, if your property isn't regularised or doesn't have the required licence, you will have to obtain it and also request your neighbours' authorisation.
How do you request permission from the owners' association?
To get approval, you must submit your request to the owners' meeting and put it to a vote. You need the support of 60% of the owners. If there are no meetings coming up, you can request an extraordinary meeting with the backing of at least 25% of the owners or of the participation shares.
What happens if I don't get my neighbours' approval?
If the owners' association rejects your request, you won't be able to use the home as a holiday rental. In most cases the decision will be final, unless you can show that it was taken in bad faith or without legal grounds. There are, however, other ways to keep making your property pay.
One viable option is to turn your property into a medium-term or temporary let, which is not subject to this rule. That way you can keep earning income without needing the owners' association's approval.
How big is the fine if I don't comply?
Penalties for breaking the rules vary by autonomous community and municipality. In some cases the fines can be high, especially if repeated offences are detected. If you sense that your neighbours intend to report your property, the wisest thing is to take your listing off the holiday platforms immediately. This can help you avoid penalties and possible legal problems.
Alternatives to holiday rentals
At beBalmy, we understand how important it is to have flexible options to get the most out of your property. That is why we have developed Flex Renting, an adaptable management model that lets you switch between holiday, medium-term or room-by-room rental depending on the season and any restrictions from your neighbours. With this model, we ensure efficient, hassle-free management, so you can keep earning income without worrying about regulatory changes.
Keep reading:
Check the regulations in your autonomous community:
- holiday rental licence in Andalusia
- holiday rental licence in Aragon
- holiday rental licence in Castilla-La Mancha
- holiday rental licence in Galicia
- holiday rental licence in Asturias
- holiday rental licence in the Valencian Community
- holiday rental licence in Madrid
- holiday rental licence in Castilla y León
Conclusion
The new rules strengthen the role of owners' associations in regulating holiday rentals, making their approval essential to operate. At beBalmy, we want to make sure you are informed and have flexible solutions to keep making your property pay without complications.
If you have questions or need advice on adapting your holiday rental to the regulatory changes, beBalmy is here to help.
You can contact us through this form, or send us a WhatsApp message.
Frequently asked questions
When does this law come into force?
The Ley Orgánica de Eficiencia de la Justicia, which introduces this new obligation, has been in effect since 3 April 2025. From then on, any owner who wants to use their home as a holiday rental must obtain the approval of three-fifths of the owners' association at a meeting.
What about properties licensed before 3 April?
If your holiday flat already had a licence before that date and complies with current regulations, you can keep operating without asking the community for permission. If it isn't regularised or doesn't have the required licence, you will have to obtain it and also request your neighbours' authorisation.
How do you request permission from the owners' association?
You must submit your request to the owners' meeting and put it to a vote. You need the support of 60% of the owners. If there are no meetings coming up, you can request an extraordinary meeting with the backing of at least 25% of the owners or of the participation shares.
What happens if I don't get my neighbours' approval?
If the owners' association rejects your request, you won't be able to use the home as a holiday rental, unless you can show that the decision was taken in bad faith or without legal grounds. There are other alternatives, such as turning your property into a medium-term or temporary let.
How big is the fine if I don't comply?
Penalties for breaking the rules vary by autonomous community and municipality. In some cases they can be high, especially if repeated offences are detected.
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