Can the Community of owners Prohibit Your Tourist Rental?

Do you want to know if your neighbors can prohibit your tourist rental or tourist license? We explain how neighborhood prohibitions work and what Spanish law says Have in mind that some rules can change depending on the autonomous community, some have more strict regulations than others.

If you are printing out short terms on your property, and you have received complaints or know that the neighborhood community is not happy with your apartment being renting our short terms, you may be wondering if they have the power to prohibit your business.

The answer is yes, but there are conditions. If according to the regulations of the autonomous community, you are allowed to do short-stay rental of your property, neighbors cannot prohibit the activity so easily.

In this article, we explain when the neighborhood community can prohibit your holiday rental and what kind of sanctions you face in these cases.

Can the Community of Property Owners Prohibit Your Tourist Rentals?

Can the Community of Owners Prohibit Your Tourist Rental?

Living in a community means that you must respect its rules. Make sure there are no prohibitions on holiday rental licenses in your building before buying.

Yes, the neighborhood community can prohibit your Tourist Rentals before you start renting. It means they can do it before you get the tourist rental license.

According to Royal Decree-Law 7/2019, of March 1, the neighborhood community can prohibit holiday rentals in urban leases if three-fifths of the participation quotas so desire. However, the prohibition agreement does not have a retroactive effect. Such agreements of the owners’ meeting cannot nullify previous approvals at least not through an owners’ meeting.

Should you consult with the neighbors before converting your property into tourist accommodation?

The answer is Depends. Indeed, The law does not say you must consult with the community before turning your apartment into a holiday rental. However, some cities require the community authorization to give you the Compatibility Report. Yes, the Community of Property Owners Prohibit Your Tourist Rentals in those cases.

Your first step is to ensure that there is no previous prohibition in the property registry or the community statutes. In case there is a previous prohibition, neighbors may indeed succeed in preventing you from renting out your holiday home. The second step is to ensure the requirements in the town hall. As we mentioned, in San Miguel de Salinas, you need authorization from the community of owners before getting the license. If you don’t know the requirements to get the tourist license in the chttp://contaity that you want to buy, please contact us. 

We recommend discussing your particular case or reviewing the clauses of the law with a professional.

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Similarly, if you want to invest in a property to rent it out temporarily, check that there are no prohibitions in the building or the community. If such a prohibition exists, meet with the owners to discuss whether it is possible to lift it.

Once you have the tourist license, how can your neighbors manage to prohibit your tourist rental?

We already know that neighbors cannot, through a neighborhood consensus, retroactively prohibit a holiday rental. However, the neighbors of your tourist apartment can report guests or you for violating community rules. For example, they can report you for:

  • Exceeding the maximum decibels allowed in Spain.
  • Hosting constant parties in your holiday rental.
  • Engaging in inappropriate behavior in common areas.

Depending on the severity of the complaint and after an investigation, the Supreme Court can impose sanctions ranging from fines to the temporary or permanent cancellation of the holiday rental license. This sanction is not the same as a prohibition, as if you sell the property, the new owner could obtain a new tourist rental license.

The best thing you can do to avoid these kinds of situations and legal problems is to manage your holiday home properly. For example, establish house rules in your holiday rental and ensure they are clear and easy for your guests to follow. You can also install a Minut noise, smoke, and motion sensor to monitor your guests’ activity without violating their privacy.

What does the Horizontal Property Law (LPH) say about the penalties you can receive on your tourist property?

The Horizontal Property Law in Spain regulates the rental of properties and establishes the rules governing property communities, including those related to tourist properties. It also outlines the potential penalties you may receive if you fail to comply with the rules. Here are the key points:

Community living rules: The law allows property communities to establish rules and regulations for communal living to regulate the use of properties, including those related to holiday rentals. This section may include rules that set maximum noise levels, the use of common areas, and the expected behavior of guests.

Compliance with rules: If your guests violate the communal living rules established by the property community, the community may decide how to enforce those rules. For example, they may notify you of any infringements and ask you to take measures to address the issue.

Penalties: The Horizontal Property Law allows the property community to determine and impose penalties on the owner who breaches the rules (including those related to holiday rentals). Penalties vary depending on the severity of the matter and may include fines, restrictions on the use of common areas, or prohibition from voting at owners’ meetings.

Similarly, the law also states that, before imposing a penalty, you must have received a notification and had the right to appeal the decision to the property community board.

IMPORTANT: Prohibit Your Tourist Rental 

Yes, it’s true that your neighbors

can prohibit your tourist rental, but only before you start using it for that purpose. Once you have legal authorization to carry out this activity, your neighbors cannot Prohibit Your Tourist Rental it so easily.

The Horizontal Property Law (LPH) establishes that the community of property owners can prohibit tourist rentals if three-fifths of the total owners agree. However, these prohibitions do not have a retroactive effect.

This doesn’t mean that neighbors have no power once you are already renting out your property temporarily. On the contrary, they can report your guests or you for breaching community rules. In case of receiving complaints, you could face sanctions ranging from fines to the temporary (or permanent) revocation of the holiday rental license.

To avoid problems and maintain a good relationship with your neighbors, we recommend establishing clear rules for your guests. It’s also important to communicate openly with the community and keep the property in good condition.

Contact us if you need free advice before buying the property.