In recent years, there has been a considerable boom in tourist rentals in Spain. As an owner of a residential property in Andalusia, you can offer it as tourist accommodation for rent by marketing or promoting it through tourist channels, such as real estate agencies, mediation companies or digital booking management channels.

However, there are a number of conflicts when renting out your property for tourist purposes in Spain.

Can neighbours prohibit holiday rentals in Spain?

If your property is part of a Community of Owners in Spain, your neighbours may not take a positive stance on the fact that their community is frequented day in and day out by strangers, with the resulting neighbourhood unrest generated by the constant comings and goings. If a specific majority of neighbours oppose this, a vote of three-fifths of the total number of owners representing three-fifths of the participation quotas within the community being sufficient, it can lead to limitations or prohibitions on the holiday rental of your property in Spain.

Can the community prohibit holiday rentals in Spain?

It will also depend on the Constitutive Title or the Statutes of the Community. It will be necessary to check whether the constitutive title of the community or whether the statutes set any limitation or prohibition on the destination or use of the dwellings.

If when the community was constituted and the statutes of the same were approved, no type of limitation on the destination and use of the dwellings was established, it is possible that the owners’ meeting may subsequently agree to a modification in the statutes, which must be registered in the Land Registry, which entails a limitation on the development of this type of activities in the community.

However, this limitation cannot have retroactive effects, i.e., if you are already using your property for tourist or holiday use in Spain, you can continue to carry out this activity, without the community being able to limit it.

And how do you know when the tourist or holiday rental activity began in Spain in the event that the board approves any subsequent limitation? From the moment you have registered your property in the Andalusian Tourism Register. Any resolution of the owners’ meeting adopted after this date will not apply to the owner who wishes to rent out his property for tourist purposes.

What if I want to invest in a property to rent it out for tourist purposes in Spain?

If you wish to buy a property for commercial purposes in Andalusia and the current owner already has it registered in the Andalusian Tourism Register, it should be noted that, even if the property is inscribed in this register, if the tourist rental activity was subsequently “prohibited” or “limited” by agreement of the owners’ meeting, the new purchaser would not have the right to continue with the tourist rentals. He would be affected by the agreements adopted limiting such activity, such as, for example, the increase in the community fees.

If you wish to acquire a property in Andalucía to rent it out, through holiday or tourist rentals, you must ensure that there are no impediments in the community statutes or board agreements that prohibit or limit it.

Welex, our law firm in Marbella, will advise you and ensure that before you buy a property, its use and destination is suitable for the project of your dreams. Contact Welex now! Welex, your law and economist office in Spain.