Thinking about renting out your Spanish property short-term? Or maybe you’re looking to buy an apartment with a tourist license? Well, buckle up, because there are some new rules that could shake things up! Let’s break it down in plain English.
The Big Update – What Changed?
On April 3, 2025, the Ley de Propiedad Horizontal (Horizontal Property Law) is getting a facelift, and tourist rentals are right in the spotlight. The changes mainly affect two big things:
✔ You now need approval from your building’s community to rent out your apartment short-term.
✔ If you’re buying an apartment with a tourist license, that license does NOT automatically transfer to you.
Sounds like a big deal? It is. Let’s dig deeper.
🏢 Community Power – The 60% Rule
Before, tourist rentals were a bit of a free-for-all in many buildings. Now, your neighbors (aka the community of owners) must vote to allow short-term rentals in the building. And not just any vote – they need a 60% majority to approve or reject them.
That means your dream of renting out your Spanish escape could be crushed by Mrs. Smith from the third floor who doesn’t like suitcase noise at 2 AM.
The same 60% rule also applies if the community wants to charge tourist rentals extra fees (but no more than 20% of normal community costs).
Selling or Buying a Tourist Rental? Read This!
Here’s where things get really spicy: If you already have an approved tourist rental, you’re safe – nobody can take that away from you. But if you sell your property, the new owner must get fresh approval from the community.
Translation? Just because an apartment comes with a tourist license doesn’t mean the new owner can use it! That makes buying and selling tourist rentals a whole new ballgame. If you’re a buyer, always check the community’s stance before signing anything.
The Big Tax Question – Will Short-Term Rentals Face 21% IVA?
Now, for the cherry on top: the Spanish government is thinking about slapping a 21% VAT (IVA) tax on short-term rentals. Yep, that means if you’re renting out on Airbnb, Booking.com, or any platform, you might have to charge (and pay) an extra 21% on top of your rental income.
When will this happen?
Not yet! It’s still a proposal, and we don’t have a final decision. But if it gets approved, expect some serious changes in the rental market. It could:
✔ Make short-term rentals more expensive for tourists
✔ Encourage landlords to switch to long-term rentals
✔ Put more power (and money) into the hands of big hotel chains
For now, we wait. But if this IVA bomb drops, you’ll be the first to know.
🔎 What Should You Do Now?
✅ If you own a tourist rental – Check with your community to see if you’re still in the clear.
✅ If you’re buying one – Ask about the community’s stance before closing the deal.
✅ If you’re renting short-term – Keep an eye on the possible VAT tax changes.
And if all else fails… maybe open a hotel instead? 😆
💬 Questions? Let’s Chat!
This law is a game-changer, and we know it can be confusing. Got a specific case you need help with? Drop us a message, and we’ll guide you through it!
🏡 Your Spanish property experts – here to make sense of all the legal mumbo jumbo! 😉
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