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The Spanish government has just approved legislation that means from April 3, residential communities will be able to vote on whether or not to allow new tourist rental apartments and properties to operate within the community.

 

Moreover, if the committee does allow a property owner to apply for a tourist licence, they can now increase the community fees for that house or apartment by up to 20%.

 

These measures were introduced into the Horizontal Property Law to compensate for the increased use of common services and facilities when a home is rented out short-term, such as elevators, stairs, recreational areas, pools and entrances.

 

According to non-profit tourism association Exceltur, there are now almost 400,000 holiday lets in the major Spanish cities. The problem, they believe, is not the number itself but the “overwhelming increase in illegal supply.”

 

In the city of Madrid alone, the Ministry of Consumer Affairs has detected more than 15,200 illegal tourist apartments advertised on online platforms.

 

Aside from reported problems with anti-social behaviour, noise and general disruption in otherwise quiet residential neighbourhoods, the glut of tourist housing has seriously limited what’s available on the long-term rental market and pushed prices up to exorbitant heights.

 

For communities of owners to block a new tourist licence, a vote will have to be taken at the next annual general meeting (AGM) and a majority of three fifths of the owners is needed.

 

The same majority will be required to increase the community fees by a maximum of 20%.

 

These agreements won’t have a retroactive effect, and anyone who already has a tourist licence won’t lose it; however, if the property is sold after the community has voted to stop allowing tourist rentals, the new owner will not be able to apply for a licence.

 

The changes to the Horizontal Property Law will affect all of Spain with the exception of Catalonia.

 

 

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