As of April 3, 2025, significant changes to Spain’s tourist rental laws will come into effect, impacting property owners in Mijas Costa and across the country. These amendments, introduced through Organic Law 1/2025, modify the Horizontal Property Law (Ley de Propiedad Horizontal) and grant communities of property owners increased authority over short-term tourist rentals within their buildings.
Key Changes Under the New Law:
- Community Approval Requirement: Property owners intending to offer their residences as short-term tourist rentals must now obtain explicit consent from their community of owners (Comunidad de Propietarios). Approval requires a favorable vote from at least three-fifths (60%) of the total number of property owners and participation quotas within the community. This marks a shift from previous regulations, where such rentals were permitted unless expressly prohibited by community statutes. Move2Marbella+2Costa Ballena Golf & Beach Resort+2andaluciatoday.com+2
- Authority to Cease Unauthorized Rentals: Communities now possess the power to demand the immediate cessation of unauthorized tourist rental activities. The community president can initiate this action independently or upon request from other residents, potentially leading to legal proceedings if the unauthorized activity persists. Diario AS+2lssolicitors+2Cadena SER+2
- Grandfathering Existing Rentals: Properties already operating as tourist rentals before April 3, 2025, and compliant with existing regulations, may continue their activities without requiring new community approval. However, any transfer of ownership after this date will necessitate obtaining consent from the community to continue short-term rentals.
Implications for Property Owners in Mijas Costa:
For expatriates and other property owners in Mijas Costa, these legislative changes underscore the importance of engaging with your community of owners before initiating or continuing short-term rental operations. Securing the necessary approvals not only ensures compliance but also fosters harmonious relationships within the community.
Recommendations:
- Review Community Statutes: Familiarize yourself with your community’s existing regulations concerning tourist rentals to understand any specific provisions or restrictions.
- Engage in Community Meetings: Participate actively in community meetings to discuss and vote on matters related to tourist rentals, ensuring your interests and concerns are represented.
- Seek Legal Advice: Consult with legal professionals specializing in Spanish property law to navigate the approval process and ensure adherence to all legal requirements.
By proactively addressing these changes and collaborating with your community, you can continue to benefit from tourist rentals in Mijas Costa while maintaining compliance with the new legal framework.