The growth of tourist rentals has transformed the housing landscape in many homeowners’ associations, creating both opportunities and challenges. In Spain, there is no single set of regulations about tourism: each Autonomous Community is responsible for drawing up tourism regulations as it has exclusive competence, each one being able to establish its own tourism regulations and, consequently, its own regulations on tourist rentals or holiday rentals.
In Andalucía, the regulation governing tourist rentals is Decree 28/2016, of 2 February, on housing for tourist purposes and amending Decree 194/2010, of 20 April, on tourist flat establishments, which was recently amended by Decree No. 31/2024 of the Regional Ministry of Tourism, Culture and Sport, of 29 January, amending various provisions on housing for tourist use, tourist flat establishments and hotels in the Autonomous Community of Andalucía. This Decree states that, following the doctrine of the Supreme Court, it is up to the municipalities to determine the rules for the development of this activity and to establish the limits they deem appropriate.
Barcelona, Madrid and Malaga are the main capitals where there are a large number of tourist dwellings, so it has become imperative to address the permits for tourist rentals within the Communities of owners. And what are tourist dwellings? According to article 3 of this Andalusian Decree, “Tourist dwellings are understood to be those dwellings equipped in conditions of immediate use, located in properties where the accommodation service is going to be offered at a price within the Autonomous Community of Andalusia, on a regular basis and for tourist purposes […]”.This tourist service must be provided throughout the year or during specific periods of the same year, and the dwelling must be marketed through tourist offer channels.
Can dwellings for tourist use be located in a Community of Owners? Yes, as long as the statutes of the Community of Owners do not contain an express prohibition for the tourist accommodation activity.
This was established by the Supreme Court in November 2023 and has also been included in Decree 31/2024 of Andalusia, and it must be taken into account that this prohibition in the statutes must be prior to the start of the application for the tourist activity of the dwelling and must be clearly and expressly regulated. This is because any limitation to the right of ownership cannot be stated in a shady or dubious way.
Therefore, if you want to convert a property into a Dwelling for Tourist Use (VUT), you should check the Statutes of the Community of Owners. In case of doubt, you can always contact us and we will advise you properly.
R&MORENO ABOGADOS
C/ Ramón Gomez de la Serna, 22 Ofic 503
29600 MARBELLA – Málaga
Tfno. +34 658 813 200 – 951 469 361
info@rmorenoabogados.com