Key Takeaways
- 1Community of Owners can now vote to ban holiday rentals with a 3/5ths majority.
- 2The new National Registry (VUD) goes live in July 2025.
- 3Properties must meet new 'Habitability' standards including AC and heating.
- 4Existing licenses are generally protected from retroactive bans.
Quick Answer
Yes, your neighbors can now ban Airbnb rentals with a 3/5ths majority vote (changed from unanimous). The new rules apply from April 2025, but existing licenses are generally protected. From July 2025, all tourist rentals must register with the national VUD registry, and properties must have AC and heating to meet new habitability standards.
The landscape for holiday rentals in Spain is shifting. The new Horizontal Property Law reform has empowered communities, and a new national registry is on the horizon. Here is what every Airbnb host needs to know to protect their investment.
The 3/5ths Rule: A Game Changer
Previously, banning holiday rentals in a community of owners required a unanimous vote—a nearly impossible threshold to meet. Now, the law has changed. A simple 3/5ths majority of owners (representing 3/5ths of the participation quotas) can vote to prohibit vacation rentals in the building.
This vote is not retroactive, meaning existing licenses are generally safe, but it can prevent new licenses from being issued. However, some legal experts warn that communities may try to impose higher community fees (up to 20% more) on holiday rental properties, which also requires a 3/5ths vote.
The New National Registry (VUD)
Starting in July 2025, Spain will implement a single "Ventanilla Única Digital" (VUD) for short-term rentals. This national registry aims to crack down on illegal listings. Platforms like Airbnb and Booking.com will be required to share data directly with the tax authorities.
If your property is not correctly registered or does not meet the requirements, you risk being delisted from these major platforms overnight.
New Habitability Standards
The Junta de Andalucía has also updated the quality standards for tourist apartments. Key requirements now include:
- Air Conditioning: Mandatory in all living areas and bedrooms for properties rented between May and September.
- Heating: Mandatory for properties rented between October and April.
- Ventilation: Direct ventilation to the exterior or a patio is required for all bedrooms.
- First Aid Kit: Must be available in the property.
- Complaint Forms: Official "Hojas de Quejas y Reclamaciones" must be available to guests.
Action Plan for Hosts
- Check your community statutes: Attend the next AGM and ensure you are aware of any proposed votes.
- Upgrade your climate control: If you lack AC or heating, immediately to meet the new standards.
- Verify your license: Ensure your "Licencia de Primera Ocupación" and tourist license are up to date and correctly filed.
Worried about compliance? Connect with property management professionals who can handle the legalities for you.
Written by
Antonio Ruiz
Property Lawyer at CostaTrades
Expert contributor covering home maintenance, renovation, and property management on the Costa del Sol. Helping expats navigate Spanish construction and property ownership.
