Tourist rentals are prohibited in all residential communities

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.