Rental of Your Home for Tourist Use and the Government

Recently, the number of holiday rentals on platforms such as Airbnb or Booking has significantly increased. This extra income from tourism rental is quite lucrative. However, at the same time, this activity has been a headache to neighbours, municipalities and hotels. This proliferation of tourist accommodations has contributed to a few problems: disagreements among neighbours, shortage of long-stay flats and their price rise.

So far, there is no state legislation to regulate tourist home rentals. The municipalities and the autonomous communities have been responsible for managing this business activity. Therefore, we find that the many different legislations are either more restrictive or more permissive, depending on the Spanish city involved.

The Pérez Parras Economists & Lawyers Firm in Málaga and Nerja will remain alert to the events that will take place in this matter and will periodically inform you about the news.

The Spanish Government is taking action with Tourism Rental

Holiday Rental: The New Government intervenes:

Consequently, it seems that the new Government wants to take action on the matter. In recent days, many news have been published in the newspapers about it.

Proposed Reforms:

1. The Executive Authorities propose, on the one hand, to reform the Urban Leasing Law, in order to limit the seasonal lease, and on the other, to modify the Horizontal Property Law. In modifying this last Law, the necessary majority required for the taking of any type of decisions within the community of owners, will be reduced. This way, the statutes of the community can be modified with less votes. They are studying how much to reduce this majority by. But everything seems to indicate that it could be three fifths of the votes. In this way, the neighbours could more easily ban the tourist flats in their building.

2. Another proposal by the Executive Authorities, is to establish a unique definition of housing for tourist use. Likewise, they also propose the creation of a single state register to control this type of accommodation. The idea behind this register is to provide legal security for both the owners and the tourists.

Of course, the Government alleges that the regulation of rental housing for tourist use is a very complex legal issue. It involves the powers of municipalities, autonomous communities, Island Councils and of the state. Meanwhile, the Association of Licensed Property Administrators of Malaga and Melilla is asking the Government to accelerate the legislative reform so that communities can prohibit tourism rental through the majority system and not unanimously.

Holiday Rental News will be Followed Up

 Consult our office of Economists & Lawyers in Malaga and Nerja and we will be very happy to assist you in your conveyancing, legal, fiscal and labour requirements.