Owners of Tourist Apartments in Spain Face Fines of Up to 600,000 Euros. Owners who rent out their apartments to tourists without neighbors' consent risk facing hefty fines. New laws have strengthened residents' rights and tightened control over short-term rentals. We explain how the system now works and what property owners need to know.
In Spain, apartment owners who decide to rent their properties to tourists face strict restrictions and the risk of fines up to €600,000. The reason is tighter legislation and strengthened powers for neighbors, who can now not only restrict but completely ban short-term rentals in their building.
Starting April 2025, after amendments to the Ley de Propiedad Horizontal, opening a new tourist apartment will require not only registration but the explicit approval of the homeowners’ association. The decision is made by a three-fifths majority—both in terms of owners and their shares in the building. This means that even if some residents support the idea, without majority backing the project will not go ahead.
Authorities explain that tourist apartments often lead to increased noise and greater strain on elevators, entrances, and other common areas. Therefore, the law allows neighbors not only to limit the number of such units, but also to raise utility fees for them—though by no more than 20% above the standard rate.
The role of neighbors and the new rules
Now neighbors have a real tool for influence: if the majority is against, it is impossible to open a tourist apartment. Even if the owner has all the necessary administrative approvals, without support from the homeowners’ assembly he risks facing lawsuits and demands to cease operations.
If an apartment is already operating as a tourist rental but is causing complaints—for example, due to constant noise or disorder—the building's president is required to issue an official demand to the owner to cease the violations. If the situation does not change, the homeowners’ association can initiate legal proceedings to force the cessation of the activity. The court has the authority not only to prohibit rentals, but also to temporarily revoke the right to use the apartment for up to three years, as well as to order compensation for neighbors.
Regional specifics
In Galicia, according to Observatorio da Vivenda, the number of tourist apartments decreased by 22.6% over the year and now stands at 15,236 properties. Here, to rent out a property, one needs not only registration with Turismo de Galicia, but also the consent of three-fifths of the neighbors. This rule applies even after submitting all documents—without support from the homeowners’ assembly, it is not possible to start the business.
A similar situation is developing in other regions as well. For example, in Valencia, the authorities have recently tightened regulations for property owners, which has already led to new fines—read more about this in the article on fines for air conditioners on the facade.
What owners should do
Before renting out an apartment to tourists, it is important not only to prepare all the necessary documents, but also to obtain approval from the homeowners' association. If the neighbors are against it, trying to bypass their decision may lead to hefty fines and legal proceedings. In the event of complaints about noise or disturbances, the owner must respond immediately—otherwise, they risk losing the right to rent out their property and incurring additional expenses.
Overall, the new rules make the short-term rental market more transparent, but also more complicated for owners. Now, business success depends not only on demand, but also on relations with neighbors and strict compliance with all formalities.
