Skip to content
BOE-A-2026-10573 ·15 May 2026 ·Resolution Low impact
Tax

Tourist rentals: express authorisation from the owners' community required if licence is issued after 3 April 2025

The reform of the Horizontal Property Act (Organic Law 1/2025) requires express authorisation from the owners' community for the tourist use of dwellings if the activity commenced after 3 April 2025 (final provision 38a). To avoid this requirement, it is not sufficient to own the property before said date; the tourist use must already be in effect through the obtaining of the administrative licence or enabling title before the reform enters into force (art. 7.3 and 17.12 LPH).

In 3 key points

  1. Requirement for express authorisation from the community for licences obtained after 3 April 2025, art. 7.3 LPH (art. 7.3)
  2. 7 working day period to rectify defects under risk of suspension of the registration number, art. 10 RD 1312/2024 (art. 10)
  3. Entry into force of the LPH reform on 3 April 2025, final provision 38a (disp. final 38a)

How it affects those involved

Owners of properties intended for holiday rentals who obtain their tourist licence after 3 April 2025 are subject to the obligation of obtaining consent from the owners' community (art. 7.3 LPH). Failure to obtain this authorisation may result in the suspension of the single registration number and the obligation to remove advertisements on rental platforms (art. 10 RD 1312/2024). Owners already conducting the activity with a licence prior to the reform may continue under the previous conditions (additional provision 2a LPH).

Lifecycle

2026-05-15PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact