The Spanish government, in its ongoing effort to blame short-term rentals for rising property and rental prices, the Spanish government has introduced yet another legal change. The goal? To make obtaining a tourist license more difficult, thus increasing the supply of long-term rentals.
However, the reality is quite different:
- 70% of tourist rental properties in Spain are second homes, which will never be available for long-term rental, as their owners use them for part of the year.
- Only 1% of all homes in Spain are used for tourist rentals.
- No significant public housing has been built in Spain for over 20 years.
- Public housing regulations became obsolete over 15 years ago, making development unprofitable for real estate developers.
- Urban planning approvals take an average of 10 years, delaying new housing projects.
- In 2024, Spain built around 90,000 new homes, while welcoming 500,000 immigrants.
- Rising divorce rates mean more people require separate housing, increasing demand.
- A rental law approved two years ago weakened landlord protections, leading to a 30% drop in long-term rental availability in just one year.
The Real Problem: Supply and Demand
Experts agree that the housing crisis is a supply and demand issue caused by government mismanagement. Instead of addressing the root causes, policymakers continue introducing populist measures that won’t solve the issue but will harm the short-term rental industry.
In Málaga province alone, tourist rentals contributed nearly €5 billion to the economy in 2023.
Details of the Law Reform (Effective April 3, 2025)
The new amendment to the Horizontal Property Law (LPH) requires explicit approval from the homeowners’ association before applying for a tourist rental license.
The law states:
“The owner of any property who wishes to engage in tourist rental activity as defined in Article 5(e) of the Urban Leasing Law (Law 29/1994, of November 24) must first obtain the express approval of the homeowners’ association, in accordance with Article 17(12) of this Law.”
The approval requirement applies to any property within a community under horizontal ownership. The community's decision will override any existing statutes that do not explicitly prohibit tourist rentals.
What About Existing Tourist Licenses?
The law is not retroactive—it only applies to new licenses requested after April 2, 2025. If your property already has a valid tourist rental license, you can continue renting legally.
For more information, we invite you to watch the following video, where Jesús García Ahumada, CEO of Banús Rentals, explains in detail the reform of the Horizontal Property Law and provides valuable insights. If you are considering applying for a tourist rental license in the short or medium term, he strongly recommends submitting your application before April 3rd to avoid potential complications under the new legislation.
If you are looking for guidance on managing your vacation rental license, Banus Rentals is here to help. Contact us and discover how we can assist you in navigating these new regulations and maximizing the potential of your property.