The community vote: three fifths decideyour flat's tourist licence.
Since 3 April 2025, a NEW tourist rental in a Spanish apartment building needs the PRIOR, express approval of the community of owners by a three fifths majority. For flat owners on the Costa Blanca this is now the single most decisive gate, ahead of the town hall. Here is how it works and how it is won.
Reviewed 7 July 2026.
The rule in plain English
Before you start, not after
The horizontal property law now requires the owner to obtain the community's express approval BEFORE starting tourist rental activity. The old logic, allowed unless the statutes prohibited it, flipped: it is now approval first. A president can demand that unauthorised activity ceases immediately.
The double three fifths
Approval needs three fifths of ALL owners who also represent three fifths of the participation quotas. The same majority can limit, condition or prohibit the activity, and can set special community fees for tourist flats up to 20 percent above the ordinary share.
Who is protected
Owners whose activity was already operating under the tourism rules before 3 April 2025 can continue under that regime; the change is not retroactive. That protection travels with a LIVE registration, which is one more reason the five year renewal deadline is not optional.
What the courts had already said
In October 2024 the Supreme Court confirmed twice that communities could prohibit tourist rental by three fifths and that tourist letting counts as an economic activity, so generic statutory bans can reach it. The 2025 reform wrote that doctrine into the law. Later case law also demands proper meeting formalities and a restrictive reading of specific clauses, which is where a lawyer earns the fee.
How owners actually win the vote
The vote is a negotiation, not a lottery. What moves communities in practice: arriving with the rules already respected (guest registration, insurance, a real management plan), accepting the reinforced fee the law allows, proposing house rules on noise and common areas, and having the paperwork handled by a law firm rather than a stranger reading a template. On our Premium plan we prepare the proposal, attend the process and document the agreement so it holds up later.
Before you buy a flat to rent: read the statutes and count the community, THEN sign. The free pre-check includes the statutes review; it has saved more than one client from buying a flat that could never be licensed.
Owner questions, answered
Does the 3/5 rule apply to my detached villa?
No. The rule lives in the horizontal property law, so it applies to properties inside a community of owners, typically flats in buildings and some townhouse or bungalow developments with shared elements. A standalone villa on its own plot has no community to ask.
I was already renting before April 2025. Do I need the vote now?
If your activity was already operating under the tourism rules before 3 April 2025, the law's transitional provision protects it: you can continue under the conditions and terms of that regime. The new prior approval applies to NEW activity. Keeping your registration alive, including the five year renewal, is what preserves that protection.
What exactly needs three fifths?
The approval, limitation, conditioning or prohibition of tourist rental activity requires the favourable vote of three fifths of all owners who also represent three fifths of the participation quotas. The same majority can set special charges for tourist flats, up to a 20 percent increase in community fees.
Can the community charge me extra if they approve?
Yes. The same three fifths majority can approve special fees or an increased share of common expenses for tourist use, capped at 20 percent above the ordinary share. Factor it into your rental numbers.
My community statutes already ban commercial activity. Does that block a licence?
It can. The Supreme Court has confirmed that tourist rental is an economic activity and that generic statutory bans can cover it, though later rulings also require restrictive interpretation of specific clauses and proper meeting formalities. This is exactly the kind of document a lawyer should read before you commit; we review the statutes in the free pre-check.
What does the Valencia region ask for on top?
The regional registration form includes a certification that neither the building's constitutive title nor the community statutes prohibit tourist use. Since April 2025, for a new licence in a block, the prior community approval is required as well. We prepare both pieces as part of the service.
Own a flat? Start with the statutes, free.
The free pre-check covers your zone AND your community documents, reviewed by a real lawyer, before you pay anything.