Latest News:New Law introduces urgent measures on holiday rental owners in Spain

  • The BOE has published on Tuesday 18th December 2018 the Royal Decree of urgent measures in the field of vacation rentals.
  • The decree outlines specific measures relating to the marketing of rental properties through rental websites
  • At least three-fifths of the owners in a community must vote in favour in order to allow the tourist use of properties in a community.

On Tuesday 18th December 2018, the Official State Gazette (BOE) published the Decree 21/2018 of December 14, on urgent measures relating to tourist holiday rentals.

The decree includes the amendments to the Urban Leasing Law (LAU Ley de Arrendamientos Urbanos) and the Horizontal Property Law (Ley de Propiedad Horizontal)

Section I, which includes the amendment of Law 29/1994, of November 24, on urban leases, establishes a technical precision in the exclusion from the scope of application of the Law on temporary assignment of the use that It involves the activity of the so-called tourist housing, eliminating the limitation that these must necessarily be marketed through tourist supply channels and specifically referring to the provisions of the tourism sector regulations that result from application.

You can read the full legal text in Spanish here.

Section II, corresponding to the measures of reform of the horizontal property regime, sets out the requirement that all holiday rental properties must have approval from the community of owners, by a majority, in order to rent out the property for holiday lets.  Approval by the community of owners is by a majority which means that three-fifths of the total of the owners (who, in turn, represent three-fifths of the participation quotas) must vote in favour of tourist activity. The community of owners also has the power to set limitations or conditions on the exercise of tourist activity such as obligating owners of holiday rental properties to made additional payments to the community or increased community fees (not exceeding 20%).

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