Can my building ban me from short-term renting my apartment?

Yes, your homeowners' association can restrict or ban vacation rentals in your building. Since the 2019 reform of Spain's Horizontal Property Act (Ley de Propiedad Horizontal), a three-fifths majority of owners and participation shares is enough to approve that restriction. But it's not automatic, it's not retroactive without nuance, and there are important details that can make the difference between being able to operate or not.

If you're a host or thinking about becoming one, this is probably one of the questions that keeps you up at night. You've got your tourist license, your registration number, your SES Hospedajes setup... and suddenly, the homeowners' association calls a meeting to vote on banning vacation rentals in the building. Can they do it? What are your options? Let's break it down.

The legal framework: the 2019 reform

Before March 2019, banning vacation rentals in a building required unanimity from all owners. In practice, that made it nearly impossible to approve a restriction — a single vote against was enough to block it.

Everything changed with Royal Decree-Law 7/2019, of March 1, on urgent housing and rental measures. This law amended Article 17.12 of the Horizontal Property Act (LPH) and introduced a much more accessible path for communities:

Agreements of the owners' meeting that limit or condition the exercise of vacation rental activity require the favorable vote of three-fifths of all owners who, in turn, represent three-fifths of the participation shares.

This means unanimity is no longer required. With 60% of owners and 60% of shares, the community can approve restrictions on tourist use.

What exactly can the community approve

The law says "limit or condition," not just "ban." This opens a range of possibilities:

Total ban

The community can vote to prohibit any vacation rental activity in the building. It's the most drastic option and the most common in areas with high tourist pressure.

Partial restrictions

Instead of an outright ban, the community can approve conditions:

• Cap on tourist units. For example, only a certain percentage of apartments in the building can be used for vacation rental.
• Time restrictions. Limiting check-in and check-out hours to reduce disturbances.
• Soundproofing requirements. Requiring tourist apartments to meet specific acoustic standards.
• Common area usage. Regulating guest access to the pool, gym, or other shared facilities.
• Fee surcharge. Establishing an additional community fee for apartments used as vacation rentals, up to a maximum of 20% under the LPH.

Operational conditions

Some communities don't ban the activity but impose practical conditions: having a reachable property manager 24/7, providing house rules to every guest, installing electronic locks to prevent key copies, etc.

Bylaws: the first line of defense (or attack)

Before the 2019 reform, the main route to restrict vacation rentals was through the community's bylaws (estatutos). And they're still relevant.

Bylaws that already prohibit

If your building's bylaws already include a clause prohibiting economic, commercial, or hospitality activities in residential units, the community has a strong argument to block vacation rentals without needing a new vote.

Important caveat: not all generic clauses hold up. Courts have interpreted inconsistently whether a ban on "commercial activities" covers vacation rentals. Case law isn't uniform, and the outcome depends heavily on the exact wording of the bylaws and the court hearing the case.

Bylaws that say nothing

If the bylaws don't mention vacation rentals and contain no use restrictions, the community needs to approve a modification through the Article 17.12 route (three-fifths majority) to restrict the activity.

Bylaws that expressly allow it

If the bylaws expressly permit tourist use, the community would need to amend them first. This requires the same three-fifths majority, but the affected owner has stronger grounds for challenge if they purchased the property relying on that permission.

How the vote works in practice

Notice

The topic must be included in the agenda of the owners' meeting. It cannot be voted on "by surprise" during any-other-business. If it's not on the agenda, the agreement is challengeable.

Required majority

Three-fifths of all owners and three-fifths of participation shares. Important: this is counted against the total, not just those attending the meeting.

However, the LPH has a rule that works in the community's favor: owners who don't attend the meeting and don't express their disagreement within 30 days of receiving the minutes are counted as favorable votes. This means abstention and passivity count as a "yes."

Notification

The agreement must be communicated to all owners, including absentees. From the notification date, absent owners have 30 days to express their opposition. If they don't, their vote is added to the favorable count.

Registration at the Property Registry

For the restriction to be enforceable against future buyers, it must be registered at the Property Registry (Registro de la Propiedad). Without registration, a new owner could argue they were unaware of the limitation.

This is key if you're thinking about buying an apartment for vacation rental: always request a nota simple from the Property Registry to check for registered restrictions. More detail in our guide on the Property Registry and vacation rentals.

Is it retroactive? What if I already have a license?

This is the million-euro question, and the answer isn't as clear-cut as we'd like.

The majority position

Most courts understand that the community's agreement can affect properties already operating as vacation rentals. The regional tourist license authorizes you before the administration, but it doesn't protect you against the internal rules of your homeowners' association. These are separate legal planes.

Put differently: you can have a perfectly valid tourist license and still be in breach of your community's rules.

Important nuances

• Acquired rights. Some owners have argued acquired rights based on years of operation. Courts have generally been unreceptive to this argument, but there are rulings that recognize some protection if the activity predates the community's formation or the adoption of the bylaws.
• Good faith and legitimate expectations. If you bought the property specifically for vacation rental, with the bylaws allowing it, and the community changes the rules afterward, you have grounds to challenge. It's no guarantee of success, but it's a factor courts weigh.
• Transition period. Some agreements include an adaptation period for owners already operating. It's not mandatory, but it's a reasonable practice that can prevent legal challenges.

Relevant case law

Spain's Supreme Court has been shaping criteria through several rulings:

• STS 1671/2023: confirmed that a three-fifths majority is sufficient to restrict vacation rentals, without requiring unanimity.
• STS 1643/2023: established that the ban can apply to properties already operating as tourist rentals, provided the agreement was properly adopted.
• Provincial Court rulings: there are decisions in both directions on retroactivity, creating some legal uncertainty. Barcelona, Madrid, and the Balearic Islands have seen the most litigation.

The general trend favors communities, but every case has its own specifics.

What to do if your community votes against you

1. Verify the agreement is valid

Before assuming you can't operate, check:

• Was the item on the agenda?
• Was the three-fifths majority reached against the total (not just attendees)?
• Were absent owners properly notified?
• Was the 30-day period for absentees to express opposition respected?
• Do the minutes accurately reflect the vote?

A procedural defect can invalidate the agreement. If you spot irregularities, you have a window to challenge.

2. Challenge if there are grounds

Article 18 of the LPH allows challenging owners' meeting agreements in certain cases:

• They're contrary to the law or the bylaws
• They're seriously harmful to the community's interests for the benefit of one or more owners
• They cause serious harm to an owner who has no legal obligation to bear it
• They were adopted through abuse of rights

The deadline to challenge is three months from notification (one year if it's contrary to the law or bylaws). You'll need specialized legal advice.

3. Negotiate conditions

If a total ban isn't politically viable in your community but there's discontent, propose alternatives:

• Offer a voluntary increase in your community fee
• Commit to a coexistence protocol (hours, noise, common area cleaning)
• Install soundproofing in your unit
• Provide a direct contact channel for neighbors to report issues
• Limit maximum occupancy below what your license allows

Sometimes the problem isn't vacation rental itself — it's the noise, the suitcase traffic at 3 AM, or the feeling of insecurity. Addressing the specific causes can be more effective than fighting on principle.

4. Explore alternative rental models

If the ban is firm and there's no viable challenge:

• Seasonal rental. Contracts longer than 30 days that aren't classified as vacation rental under most regulations. The community may find it harder to restrict this type of lease.
• Long-term rental. Less profitable per night, but without the restrictions of tourist use.
• Sale. If you bought specifically for vacation rental and there's no viable alternative, selling may be the most rational economic decision.

How to prevent problems before they arise

If you haven't bought yet

• Request a nota simple from the Property Registry and check for registered restrictions
• Ask for the community bylaws and read them in full
• Review the minutes from recent owners' meetings to see if the topic has been discussed
• Talk to the property administrator about the community's attitude toward tourism
• Check municipal regulations — some areas have moratoriums that make the bylaws irrelevant

If you're already operating

• Maintain a cordial relationship with neighbors — good coexistence is your best insurance
• Handle incidents proactively and quickly
• Make sure your guests know and respect the community rules
• Attend owners' meetings or delegate someone who can represent you
• Document everything: communications, agreements, resolved incidents

The role of regional and municipal regulations

The homeowners' association isn't the only entity that can restrict your activity. Regional and municipal regulations add additional layers:

• Municipal moratoriums. Cities like Barcelona, Palma, and Valencia have approved moratoriums preventing new tourist licenses in certain areas, regardless of what your building's bylaws say.
• Zoning. Some municipalities divide the city into zones where vacation rental is or isn't permitted.
• Density limits. Restrictions on the number of tourist apartments per building or block.
• Independent access requirements. Some regulations require the tourist property to have separate access from the rest of the building's apartments.

Check our guide on requirements by autonomous community for the specifics of your territory.

Frequently asked questions

Can a single neighbor block my vacation rental?

Not directly. A single owner doesn't have veto power. But they can call an extraordinary meeting (if they hold 25% of shares) or request the topic be added to the next ordinary meeting's agenda. If they get the required three-fifths, the restriction passes.

They can also go to court if they believe the tourist activity causes intolerable disturbances, but they'd have to prove it.

Does the ban affect all apartments or can it be selective?

The agreement must be general — it can't target a specific owner. A ban affecting only one particular apartment would be challengeable as discriminatory. What the community can do is set conditions that, in practice, only affect certain units (for example, requiring independent access).

What happens if I rent despite the agreement?

The community can sue you for breaching the community agreement. Consequences can include:

• Court order to cease the activity
• Damages payable to the community
• Legal costs
• In serious cases, temporary deprivation of the right to use the property (Article 7.2 LPH)

This isn't a theoretical risk — there are final rulings that have ordered the cessation of tourist activity for breaching community agreements.

Does the agreement expire?

No, unless the agreement itself establishes a time limit. Once approved and registered, it remains in force until the community approves its revocation by the same three-fifths majority.

Can I rent by the room if vacation rental is banned?

It depends on the wording. If the agreement bans "vacation rental" in general, it would include room-by-room rental. If it only bans "ceding the entire property for tourist use," room rental might fall outside its scope. The wording matters a lot.

Does it affect platforms like Airbnb or Booking?

The community's agreement affects the activity itself, regardless of which platform you use to market it. It doesn't matter if you list on Airbnb, Booking, Vrbo, or your own website — if the community has banned tourist use, you can't operate through any channel.

Keep your operations in order while you can operate

If your community hasn't approved restrictions and you can operate legally, take the opportunity to have everything in order. A host who meets all their obligations has stronger arguments if the community raises restrictions in the future:

• Register your property correctly with all documentation
• Comply with guest registration for every booking
• Keep your SES Hospedajes setup up to date

Autoregistro helps you keep the operational side spotless: the guest completes their data before arriving, reports are sent automatically to SES Hospedajes, and everything is documented and archived. When your operations are professional and frictionless, the arguments from neighbors complaining about "disturbances" lose their weight.