Short-Term Rentals in Spain
From April 2025, Spain will introduce significant new regulations affecting short-term rentals as part of an effort to address the nationwide housing shortage. Many residential complexes in El Paraiso and the surrounding areas are expected to take advantage of these rule changes to tighten restrictions on holiday lets, particularly those booked through popular platforms such as Airbnb and Booking.com. The aim is to create a more peaceful environment for residents and homeowners who wish to enjoy their free time, retirement, or family holidays without the disruptions often associated with short-term holiday rentals.
Stricter Requirements for New Tourist Licences
While tourist rental licences have been mandatory for quite some time in Spain, the new regulations will introduce additional restrictions for property owners looking to obtain a tourist licence for the first time. These changes are designed to limit the number of properties being used primarily for short-term lets, reducing the impact on the local housing market.
However, it’s important to note that property owners who already hold a valid tourist rental licence before 3rd April 2025 will not be affected. The new law is not retroactive, meaning existing licences remain valid and do not require further approval from a Community of Owners. Given this deadline, a surge of applications is expected at town halls across Spain in the coming weeks.
Community Approval Now Required for Short-Term Rentals
One of the most important changes coming into effect on 3rd April 2025 is the requirement for explicit approval from the Community of Owners before a property can be used for short-term holiday rentals.
Previously, property owners could rent out their homes unless there was a specific clause in the community statutes prohibiting short-term lets. Under the new regulations, all property owners in community complexes must now obtain permission from their Community of Owners, regardless of whether a ban is already in place.
Key Changes Under the New Rules:
- Approval from the Community of Owners: A three-fifths (3/5) majority vote is required to grant permission for short-term holiday rentals. Without this approval, owners will not be able to apply for a tourist licence or legally rent their property for short stays.
- New Conditions for Holiday Lets: Communities can impose specific requirements, such as security deposits, minimum rental durations, or other conditions to regulate short-term rentals within the complex.
- Stronger Enforcement: If a short-term let is operating without approval, the Community of Owners can take legal action. Additionally, the Community President can request an immediate halt to unauthorised holiday rentals.
- Objection Period After Approval: Even if a property owner secures the necessary majority vote, there is a 20-day waiting period to allow for objections before the tourist licence application can proceed.
Balancing Tourism and Housing Needs
These changes reflect Spain’s ongoing effort to balance its thriving tourism sector with the need for more affordable long-term housing. While the new rules may present additional hurdles for those looking to profit from short-term holiday lets, they are also intended to protect the quality of life for residents in popular residential areas like El Paraiso.
If you’re thinking of buying a property in El Paraiso, Estepona, or need advice on how these changes might impact your investment, get in touch with the team at Paraiso Real Estate today.