Buying a Flat With a Tourist Licence in Spain: Community Approval Rules
Spain property update · 18 October 2026
Short answer: Since 3 April 2025, anyone who wants to run a tourist let in a flat governed by Spain’s Horizontal Property Act needs the express prior approval of the community of owners, voted by a three-fifths majority. Owners already operating lawfully before that date are protected by a transitional rule, but a 2026 decision of Spain’s registry authority confirms that protection does not pass to a buyer who completes after 3 April 2025.
Key facts at a glance
- Rule: Article 7.3 of the Horizontal Property Act (Ley 49/1960), added by Organic Law 1/2025 of 2 January.
- In force: 3 April 2025.
- Majority needed: three-fifths of all owners, who must also represent three-fifths of the participation quotas (Article 17.12).
- Extra charges: the same majority can raise a tourist flat’s share of common expenses by up to 20%.
- Buyers: a Directorate-General resolution of 19 March 2026 (BOE 9 July 2026) held that a buyer completing on 7 April 2025 needed community approval.
- Not settled: how each region applies the rule within its own tourist-licence procedure.
What the law says, and where it comes from
Organic Law 1/2025 of 2 January, mainly a justice-efficiency reform, amended the Horizontal Property Act. New Article 7.3 says an owner who wants to carry on the tourist-rental activity must first obtain the express approval of the community of owners. If there is no approval, the community can require the activity to stop.
Article 17.12 sets the majority: three-fifths of all owners, representing three-fifths of the participation quotas, to approve, limit, condition or prohibit tourist lets. The same majority can set special charges or increase the flat’s share of common expenses, by no more than 20%. These agreements have no retroactive effect.
Votes needed in a Spanish community of owners
Minimum share of all owners (and of participation quotas) required, by type of decision
Source: Ley 49/1960 de Propiedad Horizontal, Articles 17.6, 17.7 and 17.12, consolidated text (BOE), checked 18 October 2026.
In text form: changes to the title or statutes not covered elsewhere need unanimity; tourist-let agreements need three-fifths of owners and quotas; other ordinary agreements need a majority of owners and quotas.
Why this matters for buyers
The reform protects owners who were already running a registered tourist let before 3 April 2025: they may continue under the conditions of their tourism registration. The question for buyers is whether that protection travels with the flat.
A resolution of the Dirección General de Seguridad Jurídica y Fe Pública of 19 March 2026 (published in the BOE on 9 July 2026) answered no. A company bought a flat in Santa Pola with a Valencian tourist licence granted in 2023. The deed was signed on 7 April 2025. The registrar refused a short-term rental registration number because the community had not approved tourist use.
The Directorate-General held that ownership passed on signing the deed, not when the price was paid, so the buyer acquired after 3 April 2025. The transitional rule protects the owner who was already operating, not a new owner. Community approval was therefore required. It also treated the tourist licence as linked to the property, so a change of holder did not have to be proved to obtain the number.
Important context. On 19 May 2026 the Supreme Court annulled the national single registration procedure created by Royal Decree 1312/2024, on which this case arose (Poder Judicial). The community-approval rule is in the Horizontal Property Act and is not affected by that ruling. A Directorate-General resolution is not a court judgment, but it shows how the registry authority reads the rule.
What to check before you commit
| Check | What to ask for |
|---|---|
| Community approval | Minutes of a meeting approving tourist use by three-fifths of owners and quotas. |
| Registered statutes | A nota simple showing any registered ban or limit on tourist use. |
| Regional licence | Licence number checked on the regional register (ETV in the Balearics, VFT in Andalusia). |
| Community charges | Certificate of fees, including any surcharge of up to 20% for tourist flats. |
| Pending meetings | Any agenda item to limit or prohibit tourist lets. |
| Contract protection | A condition in the deposit contract linking completion to approval being in place. |
Legal context
Three layers apply to a tourist flat: the community of owners (national Horizontal Property Act), the regional tourist licence (for example Balearic or Andalusian tourism law) and municipal planning, which may restrict tourist use in some zones. Each must be satisfied separately. Agreements under Article 17.12 cannot be applied retroactively against an owner already operating lawfully, but a new buyer is treated differently, as the 2026 resolution shows.
Next steps
- Ask the seller for community minutes and a certificate from the administrator before paying a deposit.
- Have your lawyer check the nota simple and the regional licence register.
- Make tourist-use approval a condition in the arras contract if rental income matters to you.
- Check municipal planning restrictions for the area.
Frequently asked questions
Does a tourist licence transfer automatically when I buy the flat?
Not on its own. If you complete after 3 April 2025, you also need community approval to run the activity, according to the 2026 Directorate-General resolution.
What majority does the community need?
Three-fifths of all owners, who must also represent three-fifths of the participation quotas.
Can the community charge a tourist flat more?
Yes. By the same majority it can set special charges or raise the flat’s share of common expenses, by no more than 20%.
Does the 2025 rule apply to detached villas?
It applies to properties under the Horizontal Property Act, such as flats and homes on shared developments. A standalone villa outside any community is not covered, but regional and planning rules still apply.
Related guides
Buying a flat to let to holidaymakers?
An independent property lawyer can check community approval, licence and planning before you pay a deposit.
Source and scope: Ley 49/1960 de Propiedad Horizontal, Articles 7.3, 17.6, 17.7 and 17.12, as amended by Organic Law 1/2025 of 2 January (in force 3 April 2025), BOE consolidated text; Resolution of the Dirección General de Seguridad Jurídica y Fe Pública of 19 March 2026 (BOE-A-2026-14977, 9 July 2026); Supreme Court judgment 620/2026 of 19 May 2026 on Royal Decree 1312/2024. Checked on 18 October 2026. General information, not individual legal advice.
Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .
