Buy to let in Spain? This blog post sheds some light on the new changes brought to holiday lettings in 2019.

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Blog post copyrighted © 2019. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Lawyer - Abogado
11^th of April 2019

As we reported back in March (Spain's new rental laws in 2019), a new law was approved which brought a raft of changes. In today’s blog post I will focus on the two changes which affect holiday lettings. Community of Owners have been greatly empowered to rule on them going forward. All changes effective as from 6^th of March 2019.

1. Community of owners may now ban holiday lettings outright

Spain’s Horizontal Act has now been amended allowing Community of Owners to vote by a simple majority of 3/5 (or 60%) to ban outright holiday rentals within a community.

I had already pointed out in a blog post in 2017 that this step was necessary, as the Horizontal Property Act at the time required unanimity to ban them, which logically was never going to happen because landlords would vote against it because of their vested interest.

This change has no retroactive effects.

2. Community of owners may now increase the community fees of all those owners who market their properties as holiday lets through holiday platforms

Spain’s Horizontal Act has been amended allowing Community of Owners to increase the communal quota assigned to a landlord of the overall community budget.

In plain English, communities of owners may now vote to increase the community quota of a property owner who uses his property/ies as holiday lettings. They can vote to increase it by as much as 20%.

This change has no retroactive effects.

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Holiday lettings-related articles

• The Comunidad de Propietarios (Ley de Propiedad Horizontal/ Commonhold Law) – 8th July 2012
• Community of Owners in Spain: Challenging Assembly Resolutions – 10th October 2011
• Community of Owners Insurance Policies – 8th August 2013
• How to Cancel your Home Insurance Policy in Spain– 8th January 2013
• Renting in Spain: Top Ten Mistakes – 8th of June 2011
• Let-to-Buy in Spain: The Smart Choice – 8th of April 2012
• Letting in Spain: The Safe Way – 10th of October 2012
• New Measures to Bolster Spain’s Ailing Rental Market – 8th of July 2013
• Tenant Eviction in Spain – 8th of June 2014
• Holiday Rental Laws in Spain – 8th of March 2015
• Urban Rental Law in Spain – Spain’s Tenancy Act – 8th May 2016
• Renting in Spain – Landlord’s Taxation – 8th of January 2017
• Holiday Home Taxation in Spain – 8th of July 2017
• Seasonal lets: an alternative to holiday home rentals – 8th of October 2017
• 7 illegal clauses in Spanish rental contracts – 8th January 2018
• Distinction between long-term and seasonal contracts – 21st February 2018
• Changes to Spanish Rental Laws – 8th January 2019
• Save 70% on your landlord tax bill – 8^th March 2019
• Spain's new rental laws in 2019 – 8^th March 2019
• Community of owners may now ban holiday lettings – 11^th April 2019

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

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