As of April 3, a reform of Spain’s horizontal property law comes into force, granting homeowners’ associations the authority to approve or veto new tourist apartments in their buildings. Led by the Ministry of Housing and Urban Agenda under Isabel Rodríguez, this update aims to address debates over the impact of short-term rentals on community life and housing accessibility in Spanish cities.
Key Reforms:
- Strict voting threshold: Approval requires a 60% majority (three-fifths) of owners, representing 60% of the building’s ownership shares.
- Simplified process: Previously, restricting tourist apartments required amending community statutes. Now, a direct vote suffices.
Alignment with local policies: The reform complements initiatives like Madrid’s Reside Plan, which bans scattered tourist apartments in residential buildings. According to Borja Carabante, Madrid’s Urban Planning Delegate, “Without an urban license—which residential buildings won’t receive—short-term rentals are illegal.”
Single digital rental window:
To combat fraud, a mandatory registry system:
- Unique ID: Owners must obtain a code certifying legal compliance (safety, licenses, etc.) to list properties on platforms like Airbnb.
Current Data: Since January 2, 2025, 18,104 applications have been submitted. 49% (8,787) were approved, 41% (7,393) are under review, and 11% (1,924) were rejected due to violations.
Deadlines: By July 2025, platforms must only list registered properties, risking fines for non-compliance.
Market Impact:
Residential priority: The law empowers residents to prioritize housing over tourism, potentially reducing short-term rentals in saturated areas.
Madrid’s strategy: The Reside Plan aims to transform the historic center into a “100% residential zone,” affecting areas like Sol, Malasaña, and Lavapiés.
Challenges ahead:
Regional coordination: regions like the Balearic or Canary Islands have stricter laws. Avoiding legal overlaps is critical.
Enforcement: Success hinges on municipalities’ ability to inspect illegal rentals and impose penalties.
This reform marks a shift toward collaborative governance, balancing tourism, housing rights, and urban sustainability—a key step toward more livable cities.