Neighboring communities can limit, condition or prohibit tourist apartments when agreed upon by three-fifths of the owners and fees, and can also approve that these uses pay up to 20 percent more in general expenses. It is a change that the Ministry of Housing includes in the measures to balance the rental market.
Since the entry into force of the reform, allocating a home for tourist rental requires express approval from the community, something that was not previously the general rule if the statutes did not prohibit it. This change explains why, in the early stages, there was already a flood of requests and queries to “protect” buildings from new additions.
Knowing this, it can be said that if a community meets that quorum (support of a qualified majority of 60%), it can close the door to new tourist apartments or impose conditions, without the need for unanimity. The focus stops being on the individual owner and shifts to the common interest of the building.
What exactly changes in a community
Until now, the discussion was whether it was enough for the statutes to remain silent so that tourist use could be established. Now, with the reform, that qualified majority is necessary. In this way, we must be clear about three things:
- Limiting, conditioning or prohibiting tourist use is permitted with the agreement of three-fifths.
- It opens the door to a surcharge of up to 20 percent in overhead costs for those uses.
- The idea of express authorization from the community to allocate homes for tourist use is incorporated, especially relevant for new licenses requested after the entry into force.
This does not mean that any tourist activity disappears. The information available in the Ministry of Housing website explains that tourist uses already authorized by the competent administration would not be affected by the new requirement, at least in terms of licenses already granted.
This reform seeks to convert the daily tension that arose from neighboring communities into a more direct legal tool for the community to decide. Regarding this, it must be said that there are already city councils that are beginning to support this type of decisions. Barcelona, for example, has announced aid and support for communities that want to modify statutes and stop these uses, a sign that the movement is growing and is not limited to the BOE.
With all this to know, that neighborhood communities can prohibit, limit or condition tourist apartments by agreement adopted by three-fifths, in the terms included in the reform.