📜🏢 Spain’s New Horizontal Property Law 2025
💥 Game-Changer for Holiday Rentals in Marbella, Ibiza, Madrid, Barcelona & Beyond! 🌴🌆🇪🇸
🗓️ Effective April 3, 2025:
The Organic Law 1/2025 drastically reshapes short-term rentals (Airbnb, Booking, etc.) in multi-unit buildings 🏠⚖️.
⚖️ Key Facts & Changes You MUST Know:
1️⃣ Tourist Rentals Banned by Default 🚫🏖️
Before: Allowed unless the community said NO
Now: Prohibited unless 60% of owners & ownership shares vote YES ✅✅
2️⃣ Mandatory Community Vote 🗳️📋
Approval requires:
• 60% of owners (3 out of 5)
• 60% of total ownership shares
No need to rewrite building statutes — just record the vote in meeting minutes ✍️📂
3️⃣ Community Enforcement Powers 👮♂️🛑
Community president or any owner can:
• Issue cease-and-desist letters for illegal rentals 🔔
• Initiate legal action to stop violations ⚖️
Courts can enforce shutdowns and fines 🚨
4️⃣ Pre-existing Licensed Rentals 🟢🏘️
Rentals licensed before April 3, 2025 continue legally
BUT communities can charge up to 20% extra in common fees for wear & tear 💧🛗🔐
5️⃣ Severe Penalties for Violations 💸🔥
Illegal rentals risk:
• Heavy community fines
• Regional government fines up to €600,000 💶💥
• 20% surcharge on monthly community fees possible 💰
6️⃣ Easier to Ban Rentals ❌
Old law: Unanimous vote to ban tourist rentals, changing statutes required
New law: Only 60% majority vote needed, no statute changes necessary ✅📋
7️⃣ National Tourism Rental Registry Starts July 1, 2025 🏛️📲
All rentals must register and display official ID numbers
VAT (IVA) of 21% applies to many rental businesses 💼📈
🌍 Regions Most Affected:
🏖️ Marbella (Puerto Banús, Golden Mile, Nueva Andalucía)
🌊 Costa del Sol
🏝️ Ibiza & Mallorca
🏙️ Madrid, Valencia, Barcelona
🏘️ Coastal & urban holiday hotspots all over Spain
🤔 What Should Property Owners Do?
✅ If you currently rent:
Ensure you had legal licenses before April 3, 2025
Prepare for potential 20% community fee increases 💸⚠️
🚫 If planning to rent:
Obtain community approval at next meeting (60% vote mandatory) 🗳️
Without approval, listing your property is illegal ❌🏠
Register your rental in the national system by July 2025 🗂️🇪🇸
🧭 Quick Overview Table:
🔑 Rule 🆕 What’s New
Default Status ❌ Tourist rentals banned unless voted in
Community Vote 🗳️ 60% majority required to allow
Existing Rentals ✅ Allowed, but +20% possible fees
Enforcement 👮 Community can stop illegal rentals
Penalties 💶 Up to €600,000 fines possible
National Registry 🆕 Mandatory starting July 1, 2025
🚨 Warning from LPA (Leading Property Agents of Spain):
🔻 Property values risk decline 📉
❌ Some sales deals canceled amid uncertainty
📣 Professional rental management & balanced rules urged 💼⚖️
