Homeowners' communities across Spain, including in the Canary Islands, can now legally prevent properties from being used as holiday lets if their registered community rules clearly prohibit that type of activity, according to a new ruling published in Spain's Official State Gazette (BOE).

The decision reinforces the powers of residential communities under Spain's Horizontal Property Law and serves as an important reminder for anyone considering buying a property for holiday rentals.

Registration refused over community rules

The ruling relates to a property in La Unión, Murcia, where the owners were refused the mandatory Unique Rental Registration Number required to legally advertise short-term holiday accommodation.

The Property Registry rejected the application after finding that the building's statutes stated homes could only be used as private residences and specifically banned their use as “guesthouses or similar short-term accommodation”.

The owners appealed the decision, but Spain's Directorate-General for Legal Security and Public Faith has now dismissed that appeal, confirming that the existing community rules were sufficient to prevent the property from being registered as a holiday rental.

What the ruling means

The decision does not introduce a nationwide ban on holiday rentals or give every community the automatic right to block them.

Instead, it confirms that where a community's registered statutes contain clear and specific restrictions on short-term or tourist accommodation, those rules can be enforced, including preventing owners from obtaining the registration number needed to market their property on platforms such as Airbnb and Booking.com.

Although the ruling applies to one specific case, it strengthens an administrative interpretation that is likely to influence similar cases throughout Spain.

The owners still have the right to challenge the decision in the Civil Courts within two months of being formally notified.

Three-fifths majority required

Under Spain's Horizontal Property Law, homeowners' associations are allowed to approve, restrict, regulate or prohibit the use of properties as tourist accommodation.

However, such decisions require the support of three-fifths (60%) of all property owners, who must also represent at least three-fifths of the building's ownership shares.

Since 3rd April 2025, anyone wishing to start a new holiday rental business must first obtain the express approval of their homeowners' community, unless they qualify under transitional legal protections.

Properties that were already operating legally as holiday rentals before that date can continue to do so under the previous rules, provided the activity was properly authorised and already in operation. Simply owning the property before the law changed is not enough.

The wording matters

The BOE ruling also highlights the importance of the exact wording used in a community's statutes.

Specific references to guesthouses, tourist accommodation or commercial activities may be enough to prevent holiday rentals, depending on the circumstances. However, vague or general restrictions may not be legally sufficient.

When disputes arise, both the Directorate-General and the courts examine the precise wording of the statutes, when they were approved and whether the tourist rental activity had already begun legally.