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NEWS

ImmoMoment: Your Trusted Partner in Navigating the New Holiday Rental Regulations

3rd April 2025
ImmoMoment: Your Trusted Partner in Navigating the New Holiday Rental Regulations
At ImmoMoment, we are dedicated to providing expert real estate services and legal guidance for property owners in Spain. With the recent modifications to the Horizontal Property Law, which came into effect on March 6, 2019, it is crucial for property owners engaged in holiday rentals to understand their rights and obligations within their Communities of Property Owners.
 
Key Changes in the Law:
1. Majority Vote for Restrictions: Communities of Property Owners can now limit or condition holiday rentals with a three-fifths (60%) majority vote of both property owners and their respective ownership shares.
2. Increased Community Fees: Properties used for short-term rentals can be subject to an increased community fee of up to 20%, even if they were legally operating before the new agreement was enacted.
3. Grandfather Clause: Properties that were already registered as holiday rentals before the restriction was imposed can continue operating, although they may still face fee increases.
4. Supreme Court Ruling (October 2024): Communities of Property Owners can now outright prohibit holiday rentals if approved by a three-fifths majority.
5. License Requirement (April 2025 Update): If you apply for a holiday rental license after April 3, 2025, you will need explicit authorization from your Community of Property Owners.
 
How This Affects You as a Property Owner
If you already operate a holiday rental with a valid license before any community restrictions, your rental rights remain protected, but your community fees may increase.
If your community is considering a vote on restrictions, it is crucial to be informed and take necessary legal steps to protect your interests.
New rental applicants after April 3, 2025, must secure approval from the community before registering their property as a holiday home.
 
How ImmoMoment Can Help
Navigating these new regulations can be complex, and failing to comply may impact your rental operations. At ImmoMoment, we work closely with legal experts to ensure our clients are fully informed and legally protected. Whether you need guidance on community meetings, assistance with license applications, or support in contesting unfair restrictions, our team is here to help.
If you own a holiday rental property and your community is considering regulatory changes, we strongly recommend seeking legal counsel. ImmoMoment is here to provide expert advice and connect you with trusted legal professionals to minimize any negative impact on your investment.
 
For more information and tailored assistance, do not hesitate to contact us. Let us help you make informed decisions and safeguard your rental property’s future in Spain.