Homeowners’ Associations Can Now Block Short-Term Rental Licenses

Starting April 3, 2025, a new amendment to Spain’s rental laws will require homeowners’ associations to approve short-term rental licenses before a property can be legally rented to tourists. Under Organic Law 1/2025 [Ley Orgánica de Eficiencia de la Justicia], property owners must secure the approval of at least three-fifths of their neighbors in a homeowners' meeting before applying for a tourist rental license.

This measure aims to reduce conflicts in residential buildings and give communities more control over short-term rentals. However, in tourist-dependent towns like Nerja, this is unlikely to cause major issues, as most residents recognize the importance of holiday rentals to the local economy.

This is how Spain’s new short-term rental law affects property owners.

Existing Licenses Remain Valid

It is important to note that this law is not retroactive. If a property already has a valid short-term rental license and complies with the regulations before April 3, 2025, it will not be affected. However, properties without the necessary authorization will need to obtain community approval or risk legal consequences.

More Power for Homeowners’ Associations

With the modification of the Horizontal Property Law [Ley de Propiedad Horizontal], a new clause states that:

• Homeowners must obtain approval from three-fifths of the community before using their property for short-term rentals.

• The president of the homeowners’ association can demand the immediate cessation of unauthorized holiday rentals.

• Communities can take legal action if a property owner does not comply.

This change makes it easier for homeowners' associations to block or regulate short-term rentals in their buildings.

How to Get Community Approval

For those considering a short-term rental, it is essential to plan ahead. Homeowners' associations typically hold one or two meetings per year, meaning approval could take months. Additionally, there is no guarantee that permission will be granted, so investors should carefully evaluate the risks before purchasing a property for tourist rentals. In particular, investors should consider where they are buying property, as different regions have their own regulations.

Will This Affect Nerja?

I don’t believe this will be a major issue in Nerja for short-term rental owners. Tourism is the backbone of the local economy, and most homeowners understand that visitors renting apartments bring income to the town’s businesses, restaurants, and services. While communities now have the power to vote on short-term rentals, it seems unlikely that many will choose to restrict them in a place so dependent on tourism.

Part of a Larger Crackdown on Holiday Rentals

This law is part of Spain’s broader effort to regulate short-term rentals. Cities like Barcelona and Madrid have already introduced stricter measures to protect housing for local residents and limit the rapid expansion of tourist apartments. However, coastal towns like Nerja, where tourism is the main economic driver, may be more lenient in enforcing these new rules.

Key Takeaways

• From April 3, 2025, property owners must get three-fifths approval from their homeowners’ association before renting out their property for short-term.

• Existing short-term rental licenses remain valid as long as they comply with the current laws.

• Homeowners’ associations can block new rentals and take legal action against unauthorized properties.

• Approval can take time, as community meetings only happen a few times per year.

• In Nerja, this is unlikely to be a major problem, as most people recognize the importance of tourism to the local economy.

For property owners in Nerja and beyond, staying informed and compliant with these new rules is crucial to avoid legal complications and potential fines. Stay updated with NerjawithSanna.com for more insights and guidance on navigating these changes.

Spain’s new law on short-term rentals—what property owners must know.