If your apartment is in a block with a community of owners (comunidad de propietarios), which is the case for most flats in Torrevieja, La Mata and Orihuela Costa, a rule that took effect on 3 April 2025 matters to you. Anyone who wants to start renting their home to tourists now needs the community's express approval first. And the community can also vote to limit or ban the activity, or to charge those flats more.
This guide sets out what the law says, who is covered and who is not, and what it means in practice. It is based on the consolidated text of the Horizontal Property Law and on a published ruling of the national registry authority, both linked below. It is general information, not legal advice: for your own block, check the statutes and ask a Spanish lawyer or your community administrator.
What changed on 3 April 2025
The change came through Organic Law 1/2025 of 2 January on measures to improve the efficiency of the public justice service. It amended the Horizontal Property Law (Ley 49/1960) in three places, all in force from 3 April 2025 (BOE consolidated text of the Horizontal Property Law):
- Article 7.3 says the owner of a flat who wants to carry out tourist-rental activity, as defined in the tourism rules, must first obtain the express approval of the community of owners. If someone runs the activity without approval, the community president can demand that it stops immediately and, failing that, start court action.
- Article 17.12 sets the majority needed for that kind of decision.
- A new second additional provision protects homes already operating (see below).
The 3/5 majority
Under Article 17.12, a decision to approve, limit, condition or ban tourist-rental activity needs the favourable vote of three-fifths of all the owners, who must also represent three-fifths of the participation shares (cuotas de participación). This applies whether or not the decision changes the community's constitutive title or statutes.
Two things are worth noticing:
- It is a double test: three-fifths of the owners and three-fifths of the shares. Both must be met, and the count is against the total of the community, not just the people at the meeting.
- The same majority applies to a decision to set special expense quotas or increase the share of common costs for the flat where the activity takes place, as long as the increase is no more than 20%.
The article also states that these decisions do not have retroactive effect.
Which flats are exempt?
The second additional provision says that an owner who was already carrying on the activity before the law came into force and had already registered under the tourism rules may keep going under the conditions and time limits set by those rules.
The registry authority (Dirección General de Seguridad Jurídica y Fe Pública) looked at the boundary of this exemption in a resolution of 30 July 2025, published in the BOE on 30 October 2025 (BOE resolution, Calp registry case). The facts were:
- The owner bought the flat on 18 February 2025, before the reform.
- The municipal licence is dated 10 April 2025 and the Valencian tourism registration 16 April 2025, both after 3 April.
- The Calp property registrar refused to assign the short-term rental registration number because the community's express approval was missing.
The authority upheld the registrar. In its reading, buying before 3 April 2025 is not enough to avoid the approval requirement. The owner must also have been carrying on the activity before that date and have been registered under the tourism rules. A home where the tourist use only started after 3 April needs the community's approval, unless the statutes already allow it.
This is one published case, and it concerns the registry procedure. It is useful as a signal of how the rule is being read, but it is not a substitute for advice on your own situation.
What about the statutes?
The same ruling notes that the approval route in Article 7.3 applies where the statutes do not already ban tourist use. If the statutes contain a prohibition, in the authority's reasoning an approval vote would not be enough: the statutes would first have to be amended to remove it. Always read the statutes and the constitutive title of your block before you plan a rental.
What this means in practice
If you already rent legally and registered before 3 April 2025: the second additional provision is your protection. Keep your registration in order, including the five-year renewal (see our guide to renewing a Valencian tourist registration).
If you are buying a flat in order to rent it: ask for the statutes, the minutes of recent owners' meetings and a certificate from the administrator before you sign. A "tourist licence" on a flat is not worth much if the community has voted against the activity. We cover the licence side in tourist licence (VUT) in Torrevieja.
If you want to start renting now: put the item on the agenda of the next owners' meeting, or request an extraordinary meeting, and bring a clear plan: how check-in works, who is the contact for neighbours, how noise and waste are handled. Neighbours vote on the unknown; a named, reachable manager makes the case easier. See also what changed with the NRA registration number.
If the community votes to charge extra: the decision needs the same 3/5 majority and the increase cannot go above 20%.
How VITA Host helps
We manage holiday apartments in Torrevieja, La Mata, Orihuela Costa and across Alicante province. We can help you check the paperwork side before you start renting. See our Airbnb management services or get in touch.
Frequently asked questions
Does a community need unanimity to ban tourist rentals?
Not under the current text of Article 17.12: a decision to approve, limit, condition or ban the activity needs three-fifths of the owners representing three-fifths of the participation shares.
Do I need the community's approval if I already rent my flat to tourists?
If you were already carrying on the activity and had registered under the tourism rules before 3 April 2025, the second additional provision of the Horizontal Property Law allows you to continue under the conditions and time limits of those rules. Someone who started afterwards generally needs the approval.
Is buying before April 2025 enough to be exempt?
According to the registry authority's resolution of 30 July 2025, no. The tourist activity must also have been running, and registered, before 3 April 2025.
Can the community charge my flat more?
Yes, by the same 3/5 majority, it can set special expense quotas or raise the flat's share of common costs, provided the increase is not more than 20%.