Limitations on the tourist use of properties

In recent years, there has been a growing trend to establish limitations on property owners’ freedom to use their homes for tourism purposes without proper control. This issue has sparked significant debate due to the negative impacts this activity can have on various areas.

Firstly, the effects on the residential rental market are evident. Many property owners have opted to exploit their homes for tourist rentals, a practice that generates quick profits but drastically reduces the supply of traditional rental housing. This contributes to rising prices and makes housing less accessible for many families.

Furthermore, the constant turnover of temporary tenants in properties used for tourism can create a source of conflicts within homeowner communities. Noise, excessive use of common areas, and failure to comply with community rules are some of the most frequent problems. These effects have prompted governments and communities to seek regulatory solutions to limit this activity.

The issue of tourist rentals not only affects local residents but also has broader economic and social implications. In many high-tourism cities, this practice is radically altering the structure of entire neighborhoods. For example, in Barcelona, the rise of tourist rentals has displaced thousands of residents to peripheral areas due to rising prices and the proliferation of properties exclusively dedicated to this activity.

In other popular destinations such as Málaga or Valencia, community life is also impacted by the large number of tourist properties in residential neighborhoods. Residents report a deterioration in their quality of life, caused by increased noise and reduced access to basic services tailored to local residents. This highlights the need for specific measures to regulate and limit this phenomenon.

The economic and social impact

The growth of tourist rentals also has significant repercussions on sectors like hospitality. Many people prefer staying in tourist properties over hotels, which reduces revenue for the hospitality sector. This competition, often unfair due to the lack of uniform regulation, is forcing many hotels to lower prices or even close.

From a social perspective, homeowner communities have been one of the most affected sectors. Constant tenant turnover and intensive use of shared spaces increase communal expenses and create tensions among neighbors. Communities that previously enjoyed peaceful coexistence now face constant disruptions caused by this rotation of guests, many of whom do not adhere to the internal rules of the complexes.

Another critical aspect is the effect on public services and local infrastructure. The rise in temporary visitors puts additional pressure on services such as waste collection, public transportation, and water and electricity supplies. In some coastal towns, this phenomenon has caused tensions between residents and tourists, especially during peak tourist seasons.

In terms of coexistence, an important factor is visitors’ lack of awareness regarding community rules. Tourists are often unfamiliar with the specific regulations of a community, leading to conflicts with permanent residents. This situation can escalate into legal disputes, increasing emotional and financial burdens for the communities involved.

Additionally, the traditional tourism sector, including hotels and rural accommodations, faces greater challenges in competing against properties that do not always meet the same legal requirements. This creates an imbalance in market conditions, disadvantaging those operating within the law and complying with strict regulations.

Legality of statutory prohibition

The legal framework has evolved to address these issues. One of the key tools is the Royal Decree-Law 7/2019, March 1, which amended Article 17.12 of the Horizontal Property Law (HPL). This reform has enabled homeowner communities to adopt agreements to limit or regulate the tourist use of properties.

The regulation specifies that these agreements do not require unanimity but instead need the approval of three-fifths of the property owners. This change has been crucial in facilitating the implementation of measures that benefit communities affected by tourist rentals.

In terms of jurisprudence, the Supreme Court has played a fundamental role in interpreting this regulation. Recent rulings have confirmed that homeowner communities have the legal capacity to include explicit prohibitions on tourist use in their statutes. This capability is designed to protect community coexistence and ensure that decisions reflect the majority’s interests.

Prohibition by community agreement

The Supreme Court has endorsed the possibility for homeowner communities to prohibit tourist rentals through majority agreements. This has been addressed in several rulings, including the most recent one from October 2024, which clarified the terms “limit,” “regulate,” and “prohibit.”

The high court established that, in this context, limiting or regulating does not exclude the possibility of prohibiting, but rather forms part of the same scope of action. This criterion has resolved legal debates, providing greater security to homeowner communities.

Prohibition as a synonym for limitation and regulation

Recent jurisprudence confirms that the terms “prohibition,” “limitation,” and “regulation” can be interpreted as equivalent within the framework of the Horizontal Property Law. This has allowed communities to adopt stronger measures to protect coexistence and prevent conflicts arising from tourist use of properties.

Furthermore, the Supreme Court emphasized that these measures are compatible with constitutional property rights, provided they are adopted following established legal procedures. This strengthens the validity of decisions made by communities in this area.

Required votes

As mentioned earlier, the Horizontal Property Law requires a qualified majority of three-fifths for approving agreements that limit or prohibit tourist use of properties. This ensures that decisions reflect the majority’s interests and prevent a single property owner from blocking necessary measures.

This qualified majority also seeks to balance individual property rights with the collective interests of the community. It is a key tool to prevent abuses and ensure that adopted measures are proportionate and reasonable.

What does the future hold?

The future of tourist rentals largely depends on how regulations are implemented across different regions and how property owners adapt to legal changes. The trend points toward stricter regulations, with tougher requirements for property owners and harsher penalties for non-compliance.

Similarly, homeowner communities are likely to continue playing a key role in this area. As their rights to regulate property use are reinforced, it is expected that more communities will adopt measures to protect themselves from the negative impact of tourist rentals.

Ultimately, balancing property rights with market needs and coexistence will be essential to ensuring the sustainable development of this activity in the future.

Carlos Baño Lawyers: Expert advice

At Carlos Baño Lawyers, we are experts in property law and horizontal property regulations. If you need advice on drafting statutes, interpreting regulations, or resolving conflicts related to tourist rentals, we are here to help.

Contact us through our website or visit our offices in Alicante. Our team of professionals will provide personalized and effective solutions. Find us in Google Maps.