Until recently, any owner was able to convert their property into a tourist flat by obtaining the corresponding regional or local tourist licence. However, this has been altered: Since April 3rd, 2025, tourist rentals are automatically prohibited in all residential communities. Only a specific agreement at a meeting can authorise it.

This is a significant reform of the Horizontal Property Law, as it now grants residents’ associations legal control over this activity. The new Article 17.12, which has entirely altered the previous legal framework regarding tourist apartments, is the critical factor.

What is the new legislation regarding visitor apartments?

The following is established by the new Article 17.12 of the Horizontal Property Law:

“The express agreement that authorises, restricts, conditions, or prohibits the activity (…) will necessitate the affirmative vote of three-fifths of the total number of owners, who, in turn, represent three-fifths of the participation quotas.”

Therefore, without the community’s prior consent, no proprietor will be able to rent out their property for tourist purposes. Only the explicit consent of a qualified majority can lift the comprehensive prohibition.

The primary modification is that the agreement no longer prohibits it, but now permits it.
Tourist rentals were permissible prior to April 3rd, 2025, unless the community agreed to prohibit them at a meeting.
Tourist rentals are prohibited as of April 3, 2025, unless the community explicitly authorises them with the affirmative vote of three-fifths of the total number of proprietors and members. In other words, the burden of proof is reversed: authorisation is now necessary rather than prohibition.

What if there are already tourist rentals in flats?

The reform does not have a retroactive effect. This implies that proprietors who were already legitimately conducting their enterprises prior to April 3, 2025, and who were registered under tourism regulations, are permitted to continue doing so. This clause is specified in the second supplementary provision of the law.

Nevertheless, the community may also consent to a surcharge of up to 20% on common expenditures for those homes, as a form of compensation for the increased use of common areas, with a 3/5 majority.

What is the function of the bylaws of a neighbourhood community?

The constitutive document or the community statutes are indispensable. This prohibition is fully enforceable and remains in place if they already contain a clause that expressly prohibits tourist use or any commercial activity, as confirmed by the Supreme Court in rulings of 2023 and 2024.

The community can also stop the activity immediately if the statutes change the usage regime, even without new ballots.

What happens if a landowner disregards the regulations and rents out their property without authorisation?

In that event, the community is entitled to request that the activity be ceased. The president, any proprietor, or even an affected occupant may initiate the procedure. If the offender persists, the community may pursue legal action.

Is there any additional requirement for renting a property for tourist purposes, in addition to community approval?

The owner is still required to acquire the appropriate tourist licence in accordance with regional or municipal regulations, although the community has authorised the activity. This administrative permit is essential, but it is insufficient to initiate the activity; community authorisation is required.

According to sources from the Guardia Civil, who are conducting the investigation, three males have been apprehended on suspicion of sexually assaulting a young woman in a town in Alicante shortly after she submitted a complaint.

Two juvenile detainees, aged 16 and 17, face accusations of sexual assault against a 16-year-old minor. The incident took place in the Alicante municipality of Busot. Authorities purportedly arrested a 23-year-old male for failing to provide assistance.

The adult detainee was released on provisional liberty, while the two arrested adolescents were ordered to be detained in a juvenile centre by the Alicante duty court.

A 42-year-old male has been apprehended by National Police officers in Alicante on suspicion of drug trafficking. The police operation resulted in the elimination of a significant drug sales outlet that was operating from the detainee’s residence.

The investigation commenced upon the receipt of information that purportedly implicated a man in the distribution of narcotics, specifically cocaine. The investigation revealed that the suspect hid the drugs in a second residence until their subsequent distribution.

The suspect’s illicit activity was confirmed by surveillance and follow-up actions during the police operation. Additionally, it was discovered that the individual used two vehicles to transport the doses to the purchasers who had requested them, employing stringent security protocols to prevent detection.

The suspect was arrested and his residence was searched during the exploitation phase of the investigation. Officers confiscated approximately 860 grams of cocaine, a precision scale, and a variety of instruments used in the production, handling, and sale of narcotics.

Upon the conclusion of police investigations, the detainee was transferred to the Alicante Investigation Court. The police operation resulted in the elimination of a regular point of sale for illicit substances that supplied the entire northern area of the Alicante town.