Tourist rental regulation in 2026: a complete guide for owners

If you own a second home that you rent out to tourists — or were planning to — the rules of the game changed on 3 April 2025. Spain's Organic Law 1/2025, reforming the Horizontal Property Law, introduced a change to article 17.12 that has triggered widespread alarm among tourist apartment owners.

Specifically, the new wording allows the community of owners to limit or prohibit a property's use as tourist rental by a vote of 3/5 of the owners and 3/5 of the participation quotas. Before this law, that 3/5 majority could only regulate (not prohibit) such use; now an outright prohibition is possible at that threshold. The law took effect on 3 April 2025 and has no retroactive effect on previously granted licences.

What does this mean in practice? If your building's homeowners' association has at least 60% of owners and quotas against tourist rentals, they can legally eliminate them. In cities like Barcelona, Madrid, Málaga or the Balearic Islands, where neighbourhood pressure against tourism has grown, this is a real threat for many owners.

What does NOT change:

• Licences granted before the law took effect are protected.
• The law has no retroactive effect. If you already had a licence, no one can take it from you through this mechanism.
• Co-ownership of homes is NOT affected (see specific section below).
• Seasonal rentals between private parties (LAU) are not affected either.

If tourist rental isn't the right option for you, these are the main alternatives:

Seasonal rental (LAU, non-tourist)

Seasonal rental is regulated by the Urban Leases Act (LAU) and does not require a tourist licence or community approval. It's used for stays of more than 30 days for non-tourist purposes (work, studies, medical treatment). Income is more stable and regulatory costs lower, but prices are below those of nightly tourist rentals.

Corporate rental

Letting the property to companies for use by employees on assignment. Requires a good location and proper equipment. No tourist licence needed. Companies tend to pay reliably and the tenant profile is generally more careful with the property.

Property management agency

Delegating the entire operation to a specialised property management company that handles bookings, maintenance and cleaning. It eliminates the management workload but involves commissions of between 20% and 35% of revenue.

This is the point that causes the most confusion and is the most important for understanding the real difference. Co-ownership is NOT tourist rental. It is a different form of property, and the rules are completely different.

When someone buys a co-ownership share, they are buying real ownership of a property. When they use that property, they are using THEIR property. They are not renting. They are not offering tourist services. They are enjoying an asset they legally own.

This has very concrete practical consequences:

• No tourist housing licence (VUT) required. Regional and municipal VUT regulation does not apply.
• No homeowners' association approval required. Organic Law 1/2025 only applies to rental; co-ownership is ownership.
• No registration in the Single Rental Registry.
• Not subject to community votes that could prohibit its use.
• Not affected by moratoriums on new licences.

This legal distinction is fundamental and is a real competitive advantage of the co-ownership model versus tourist rental in the 2026 regulatory environment.

Is your second home affected by the new regulation? Get a free consultation with the Vivla team at vivla.com and discover whether co-ownership is an alternative for you.

Q: Does the new law affect already-granted licences retroactively?

A: No. Organic Law 1/2025 expressly states it has no retroactive effect on tourist housing licences granted before it took effect (3 April 2025). If you already had a licence, keep all your documentation in order.

Q: What majority can my homeowners' association use to prohibit tourist rentals?

A: A favourable vote of 3/5 of owners AND 3/5 of participation quotas. Both majorities are required simultaneously. If the community doesn't reach that quorum, it cannot prohibit tourist rentals.

Q: How long do I have to obtain the Single Registry number?

A: If you already have active listings on platforms, you should have processed it before July 2025. If you haven't done so, do it urgently: platforms are removing listings without registration and penalties are high.

Q: What's the difference between seasonal rental and tourist rental?

A: Tourist rental is offered for tourist purposes, normally per night or short stays, through platforms or directly. Seasonal rental (LAU art. 3.2) is for longer stays with a non-tourist purpose. Seasonal rental does not require a tourist licence and is not affected by LPH restrictions.

Q: What if my community votes to prohibit tourist rentals but I have a licence?

A: Your existing licence is protected by the law's non-retroactivity. The community prohibition would only affect future licences or properties without an active licence at the time of the agreement. However, we recommend consulting a specialised lawyer for your specific case, as the law's practical application is still generating case law.