Legal possibility of prohibiting rental to tourists or increasing community fees in urbanisations.
WE have received a number of complaints from clients, with regards to tourist rentals in Spain, mainly during holidays made by other owners in communities where they live as well as short term rentals through websites like Booking.com, Airbnb, etc.
The main complaints are excessive noise, parties until late, improper use of common elements such as swimming pool, lifts, gardens, etc.
There is a clear conflict of interest, as on one hand, it must be recognised that tourists have a right to enjoy their vacations and the owner of the rented property, has a right to obtain an economic return through tourist rental.
On the other hand, however, residents are entitled to enjoy their own home and community or urbanisation, without being disturbed by noise or improper behaviour. These problems are abundant and growing, so in 2019, a modification was introduced in the law, which allows in an easier way, the prohibition and limitation of tourist rentals in communities of owners.
Thus, the law 49/1964 of horizontal property law (LPH), says in its article 17.12 that by means of an agreement, tourist rental may be limited or conditioned, subject to a vote in favour by 3/5ths of the owners present who must represent 3/5ths of the total ownership in the urbanisation.
It also establishes the possibility of agreeing that the properties rented to tourists pay special expenses or increase their participation in community fees by up to 20 per cent.
Therefore, there is the possibility for those who object to rentals to table their objection on the agenda at the next general meeting, suggesting the limitation and even prohibition of this type of holiday rental.
If this prohibition is finally adopted, with the majority indicated, we understand that it must be registered at the Land Registry, as it is a very important limitation and third-party future buyers must be aware of this when receiving general information from the Land Registry.
Once the agreement is adopted, we understand that if the neighbour does not respect the prohibition of renting to tourists, the legal actions provided for in the LPH could be initiated against him or herby the community in court, both for cessation (to stop them from renting out the property) and to claim for compensation.
Therefore, if you have problems with tourist rental by your neighbours, or if you are the owner of a property that is rented to tourists, and you are receiving complaints from the rest of the owners on your urbanisation, you should know that:
- -It is possible to prohibit or limit tourist rental in a community of owners in Spain.
- -It is possible to increase the community charge to compensate the other owners in respect of a property that is rented to tourists.
For expert legal advice, contact our law firm and visit our website:
The information provided in this article is not intended to be legal advice, it simply transmits information related to legal issues.
Carlos Baos (Lawyer)
White&BaosTel: +34 966 426 185
White & Baos 2020-
All Rights Reserved.
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