Since 3 April 2025, under Organic Law 1/2025 (Ley Orgánica 1/2025), a community of owners in Spain can approve or block a new holiday rental by a three-fifths vote of owners who also hold three-fifths of the participation quotas. If you are thinking about turning a Costa del Sol apartment into a holiday rental, that makes your community of owners a new gatekeeper you cannot ignore. For foreign owners used to simply applying for a licence and listing, this is the single biggest shift in years.

What actually changed in 2025?

Before the reform, the rules around community consent were vague and heavily litigated. The new law settles it. Any owner who wants to start a new tourist rental must first secure express approval from three-fifths (60%) of the community of owners and 60% of the participation quotas. The same three-fifths majority lets a community ban new holiday rentals in the building altogether, and the Supreme Court has confirmed communities hold this power.

In practice, the community meeting now decides whether your investment plan is viable before the regional licence even matters.

Does the 60% rule affect existing holiday lets?

If your rental was already legally registered before 3 April 2025, the new veto generally does not touch you. Existing licensed activity is protected, and it survives a sale. In Andalusia the tourist registration stays with the property. When a licensed home is sold, the buyer keeps it active by filing a change-of-ownership notice (Comunicación) with the Registro de Turismo de Andalucía. That grandfathering is important. It rewards owners who regularised early and it means a building cannot suddenly vote your established rental out of existence.

There is one catch worth checking. Some older community statutes already prohibit guest houses or pensions. Those clauses can block a rental on their own, separately from the new 60% mechanism, so the wording of your community bylaws still matters.

What does the rule mean if you are buying?

Check the community before you check the view.

A property with a perfect location is worthless as a rental if the community has already voted to ban new licences, or is likely to. Before you commit, ask for the community statutes, recent meeting minutes, and confirmation of how many tourist rentals already operate in the building. In Málaga city, where new registrations are paused, and in Marbella, where every application is checked against the urban plan, this homework is no longer optional. Our touristic licence guide for Marbella covers the rest of the rules.

How can Premavista help?

This is exactly the kind of detail that separates a smooth launch from a stalled investment. We review community bylaws, confirm registration status, and tell owners honestly whether a property can be operated as a holiday rental before money is spent. If the answer is yes, we handle the licensing, compliance, and day-to-day management that keep it that way.

Thinking about renting out a Costa del Sol property, or unsure whether your building allows it? Get in touch with Premavista and we will check your position before you take the next step.