The rise of tourist rentals has transformed the real estate landscape in many cities and coastal areas, generating new opportunities, and also new questions. One of the most common is if a community of owners can prohibit one of its neighbours from renting out their home as tourist accommodation.
The answer is not entirely simple, as it depends on several factors, such as regional regulations, community statutes or the type of housing. Below, we explain it clearly.
Since 2019, the Horizontal Property Law allows a community of owners to limit or condition the tourist use of homes by agreement in a meeting. To do this, a majority of three-fifths of the total number of owners is required, which in turn represent three-fifths of the participation quotas.
It is important to understand that it cannot be retroactively prohibited if that tourist use already existed before the restriction was approved. A long-term rental (more than 30 days) cannot be prevented either, as in that case it is not considered a tourist rental.
Yes, but only if the community statutes clearly specify it. If the statutes establish that flats cannot be used for uses other than residential, or expressly prohibit tourist use, this clause can be legally valid.
On the other hand, if there is no such prior limitation in the statutes, the community can only limit or condition, but not directly prohibit the holiday rental entirely.
While not prohibiting tourist use, the community can:
These decisions must also be passed with the aforementioned reinforced majority.
If you are thinking of investing in a home for tourism purposes, it is essential that: