Community of owners may now ban holiday lettings

Raymundo LarraĆ­n Nesbitt, April, 11. 2019

Buy to let in Spain? This blog post sheds some light on the new changes brought to holiday lettings in 2019.

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Blog post copyrighted © 2019. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Lawyer - Abogado
11th of April 2019

 

As we reported back in March (Spain's new rental laws in 2019), a new law was approved which brought a raft of changes. In today’s blog post I will focus on the two changes which affect holiday lettings. Community of Owners have been greatly empowered to rule on them going forward. All changes effective as from 6th of March 2019.

 

  1. Community of owners may now ban holiday lettings outright

Spain’s Horizontal Act has now been amended allowing Community of Owners to vote by a simple majority of 3/5 (or 60%) to ban outright holiday rentals within a community.

I had already pointed out in a blog post in 2017 that this step was necessary, as the Horizontal Property Act at the time required unanimity to ban them, which logically was never going to happen because landlords would vote against it because of their vested interest.

This change has no retroactive effects.

  1. Community of owners may now increase the community fees of all those owners who market their properties as holiday lets through holiday platforms

Spain’s Horizontal Act has been amended allowing Community of Owners to increase the communal quota assigned to a landlord of the overall community budget.

In plain English, communities of owners may now vote to increase the community quota of a property owner who uses his property/ies as holiday lettings. They can vote to increase it by as much as 20%.

This change has no retroactive effects.

 

 

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