Touristic housing to be controlled by Communities of owners

The communities of owners will be able to prohibit by a majority of three fifths the establishment of tourist apartments in their building, against the rule of unanimity which has been required until now.

The Secretary of State for Tourism, Isabel Oliver, announced on Monday the modification of two key laws on housing to regulate this phenomenon.

Oliver highlighted the intention to “separate short-term rentals and rentals for tourist use”, and to giving communities of owners the power to decide on their properties and “what can be allowed”.

For this purpose, the urban lease law and the horizontal property law will be modified. At present, this norm includes the power to prohibit tourist flats, but a unanimous consent is necessary. The project aims to reduce the quorum to a majority of three fifths.

The secretary has also highlighted the role of the regional governments and local administration, since they have the competence of planning and would be a key aspect in the regulation of tourist rentals. Better coordination between regions is needed.

Other goals of this new regulation will be (1) to minimize the legal gaps that platforms take advantage of in order to avoid legality and (2) to control anyone operating in Spain to comply with current regulations

María Luisa de Castro

DIRECTOR

María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English speaking clients with legal problems in Spain.

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