EXPERT ADVICE – July/August Edition 2022

In recent years, there has been a considerable boom in tourist rentals in Spain. As an owner of a residential property in Andalucía, you can offer it as tourist accommodation for rent by marketing or promoting it through tour ist channels, such as real estate agencies, mediation companies or digital booking management channels. However, there are several potential conflicts when renting out your property for tourist purposes in Spain.

Can neighbours prohibit holiday rentals? If your property is part of a “community of owners” in Spain, your neighbours might not adopt a positive stance because their community is being fre quented day in and day out by strangers, with the resulting neighbourhood unrest generated by constant comings and goings. If a majority of neigh bours oppose this, a vote by three-fifths of the total number of owners (rep resenting three-fifths of the participation quotas within the community) can lead to limitations or prohibitions on the holiday rental of your property in Spain.

Can the community prohibit holiday rentals in Spain? This will also depend on the constitutive title or statutes of the community. It will be necessary to check whether these set any limitation or prohibition on the destination or use of the dwellings. Even if, when the community was constituted and the statutes were ap proved, no type of limitation on the destination and use of the dwellings was established, it is possible that an owners’ meeting might subsequently agree to a modification to the statutes, which must be registered in the Land Reg istry and will entail a limitation on the development of this type of activity in the community.


Article supplied by Welex Lawyers & Accountants

However, this limitation cannot have retroactive effects: i.e. if you are already using your property for tourist or holiday purposes in Spain, you can continue to carry out this activity, without the community being able to limit it. How do you know when the tourist or holiday rental activity began in Spain in the event that the board approves any subsequent limitation? It will be from the moment you have registered your property with the Andalucian Tourism Register. Any resolution at the owners’ meeting adopted after this date will not apply to the owner who wants to rent out their property for tourist pur poses.

What if I want to invest in a property to rent it out for tourist use in Spain? If you want to buy a property for commercial purposes in Andalucía and the current owner already has it registered with the Andalucian Tourism Regis ter, it should be noted that – even if the property is inscribed in this register – if the tourist rental activity was subsequently “prohibited” or “limited” by agreement at an owners’ meeting, the new purchaser would not have the to continue with tourist rentals. They would be affected by any agree ments adopted limiting such activity, such as, for example, an increase in community fees. If you want to acquire a property in Andalucía to rent it out, through holiday or tourist rentals, you must ensure that there are no impediments in the com munity statutes or board agreements that prohibit or limit this activity.

Welex Lawyers & Accountants C/ Ramón Gómez de la Serna 23, Local 7, Marbella Tel. (+34) 952 775 521

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