The prohibition of short-term rentals in Spain has become increasingly common within residential buildings subject to the regime of horizontal property. In many communities of owners, such restrictions are now being adopted to regulate the use of dwellings for tourist accommodation and to protect residential coexistence.
When approved by a qualified three-fifths majority of the Community of Owners, such a prohibition is legally valid and binding on all property owners, including those who oppose the resolution.
Understanding the legal framework governing short-term rental bans in Spain is essential for landlords, foreign investors, and property owners operating under the Spanish property regime.
1. Legal Framework for the Prohibition of Short-Term Rentals by a Community of Owners in Spain
The legal basis for the prohibition of short-term rentals is found in the Spanish Horizontal Property Law, as amended by Royal Decree-Law 7/2019 of 1 March on urgent housing and rental measures.
The relevant provision is Article 17.12, which allows communities of owners to adopt agreements limiting or conditioning the exercise of short-term tourist rental activity within the building.
These measures are adopted through a resolution of the Community of Owners meeting, requiring a three-fifths majority of the total owners and quotas.
2. Supreme Court Doctrine on Short-Term Rental Prohibitions
The Plenary of the First Chamber of the Spanish Supreme Court issued two landmark rulings dated 3 October 2024, clarifying the scope of Article 17.12 of the Horizontal Property Law.
These judgments confirm that communities of owners are legally empowered not only to regulate or restrict, but also to prohibit short-term rentals (“alquileres turísticos”) within residential buildings, provided the required qualified majority is met.
This is the first time the Supreme Court has expressly interpreted the scope of Article 17.12 in relation to full prohibitions of tourist rentals.
3. Legal Controversy: Majority Required for Rental Restrictions
The Court addressed conflicting interpretations among Provincial Courts regarding whether a total prohibition of short-term rentals requires:
- Unanimous consent of all property owners, or
- A qualified three-fifths majority under Article 17.12
The Supreme Court confirmed that the three-fifths majority rule applies, rejecting the requirement of unanimity.
4. Interpretation of “Limit or Condition” Under Spanish Law
The Supreme Court applied a literal, systematic, and teleological interpretation under Article 3.1 of the Spanish Civil Code.
It concluded that the expression “limit or condition” in Article 17.12 must be interpreted broadly, meaning that the power to limit includes the most extreme form of limitation: prohibition.
This interpretation ensures legal coherence and avoids reducing the effectiveness of community resolutions regulating tourist rental activity.
5. Purpose of Royal Decree-Law 7/2019 and Housing Policy Context
The Court also considered the legislative intent behind Royal Decree-Law 7/2019, which introduced urgent measures in response to increasing housing access difficulties in Spain.
The growth of short-term and tourist rentals was identified as a contributing factor to reduced long-term rental availability and increased housing pressure in urban areas.
Accordingly, the legislative purpose supports a broad interpretation of community powers to regulate or prohibit such activity where justified.
6. Practical Legal Effects for Property Owners and Investors
A valid resolution adopted by the Community of Owners may have significant legal consequences for property owners engaged in short-term rental activity, including:
- Prohibition of tourist or holiday rentals within the building
- Restriction of Airbnb-type rental activity
- Binding effect on all current and future owners
- Enforceability through community legal action
Non-compliance may result in legal claims, cessation orders, and potential liability under Spanish civil law.
7. Interaction with Spanish Property Rights
Although property ownership in Spain is constitutionally protected, it is subject to limitations derived from:
- Horizontal Property Law regulations
- Community of Owners agreements
- Legitimate restrictions on use of private elements within shared buildings
The Spanish Constitutional Court has consistently upheld the legality of reasonable restrictions on property use within the framework of community governance.
8. Legal Advice on Short-Term Rental Bans in Spain
If your property is affected by a prohibition on short-term rentals approved by the Community of Owners, it is essential to assess the validity, scope, and procedural compliance of the resolution.
Each case requires a detailed legal analysis of the community statutes, voting rules, and the specific wording of the agreement adopted.
Contact me for personalised legal guidance.
