What It Means for Property Owners in Marbella?
A significant shift is on the horizon for property owners in Spain who engage in short-term tourist rentals. The recently introduced Organic Law 1/2025, set to take effect on April 3, 2025, brings crucial amendments to the Horizontal Property Law, impacting how properties can be rented for tourism purposes. These changes could directly affect your rental business if you own a property in a Community of Owners (Comunidad de Propietarios).
Here’s what you need to know and how you can prepare.
Key Changes Under the New Law
The two major modifications introduced in the law are:
1. New Requirement for Express Community Approval (Article 7, Paragraph 3)
Previously, if short-term rentals weren’t explicitly prohibited, owners could rent their properties freely. Now, express authorization from the Community of Owners is required before offering a property for tourist rental.
2. Stricter Voting Requirements (Article 17, Paragraph 12)
To gain approval for short-term rentals within a community, property owners must now secure:
• A 3/5 majority vote of the total quotas of property owners in the Community of Owners.
• If a second meeting takes place, a simple majority vote may be sufficient for approval.
• A 20-day waiting period is mandatory after the notification of the meeting minutes to allow objections.
Without this explicit approval, even if tourist rentals are not prohibited in the community statutes, they will not be allowed.
What Does This Mean for Property Owners?
If you are currently renting out your property for short-term stays or planning to do so, you must take action before April 3, 2025, to comply with the law.
Steps to Take Before April 3, 2025
✔️ Request a Community Meeting:
Submit a formal request to the Community of Owners to include tourist rental approval as an agenda item.
✔️ Obtain a Favorable Vote:
Secure at least 3/5 majority approval from property owners. If not achieved in the first vote, a simple majority in a second meeting may be enough.
✔️ Wait for the 20-Day Period:
Even after a successful vote, a 20-day period allows for objections before approval is finalized.
What About Existing Short-Term Rental Licenses?
✅ No retroactive effect: If you already hold a valid tourist rental license before April 3, 2025, you do not need additional approval from the Community of Owners. However, ensuring compliance with local tourism regulations remains essential.
Enforcement: What Happens If You Rent Without Approval?
Under the new law, Community of Owners presidents will have enforcement authority.
🏠 Immediate Cessation Order:
The president of the Community of Owners can request an immediate stop to any unauthorized short-term rental activity.
⚖️ Legal Action Against Violators:
The president can initiate legal action against non-compliant property owners, but must first obtain approval from the Board of Owners.
This makes it easier for communities to block or challenge short-term rentals that do not have prior authorization.
Impact on the Marbella Real Estate Market
Marbella’s real estate market has long been driven by short-term holiday rentals, attracting property investors seeking high rental yields. The new law introduces both challenges and opportunities for buyers, sellers, and investors:
🔺 Potential Decline in Short-Term Rental Listings:
More restrictions may result in fewer properties available for short-term rental, increasing demand for licensed rentals.
🔺 Higher Rental Yields for Compliant Properties:
Properties that secure approval before the deadline may benefit from reduced competition and higher occupancy rates.
🔺 Increased Demand for Long-Term Rentals:
Some owners may shift to long-term rentals instead, stabilizing the local rental market.
🔺 More Due Diligence Required for Buyers:
New buyers looking to invest in Marbella must confirm the Community of Owners’ stance on tourist rentals before purchasing.
Expert Recommendations for Property Owners
To protect your investment and ensure compliance, we recommend the following:
✔️ Apply for a tourist rental license before April 3, 2025, if your Community of Owners has not yet prohibited short-term rentals.
✔️ Seek express authorization from the Community of Owners as soon as possible to avoid future disputes.
✔️ Consult legal experts to navigate the approval process smoothly and prevent any legal risks.
Final Thoughts
With these legal changes, staying informed and proactive is more crucial than ever. If you own property in Marbella and plan to continue offering short-term rentals, you must take immediate action to secure approval from your Community of Owners before the April 2025 deadline.
At Move2Marbella, we specialize in helping property owners, investors, and buyers navigate the evolving real estate landscape. If you need assistance understanding how this law impacts your property or investment strategy, our team of experts is here to help.
📞 Contact us today for legal advice and real estate support!
