The legal framework for tourist-use housing has changed significantly in 2025. Until now, those wishing to use a property for tourist rentals had to comply mainly with regional regulations and municipal restrictions. That system remains, but this year new national requirements have been introduced, completely transforming the process of registering and operating a tourist rental property. According to our experience as experts —including our work as a real estate lawyer in Malaga— these changes significantly impact property owners who wish to continue offering tourist rentals under the new legal framework.
These changes affect both owners of already registered homes and buyers or investors seeking to use a property for tourist rentals. Below, we explain clearly and with legal basis what the 2025 regulations require and how they affect the opening of new tourist properties.
Mandatory Authorization from the Homeowners’ Association
(Art. 17.12 LPH, amended by Organic Law 1/2025)
The most relevant change this year comes from the reform of the Horizontal Property Act, which has introduced the obligation to obtain prior authorization from the homeowners’ association to use any property for tourist purposes.
The homeowners must approve in a General Assembly the possibility of using the dwellings for tourist rentals, with a majority of three-fifths of owners and ownership shares. This makes the building and its owners a decisive factor: without the community’s authorization, the activity cannot begin, even if regional and municipal requirements are met.
This change means that, in 2025, the viability of a tourist property depends not only on the dwelling itself but also on the neighborhood—an essential aspect any investor must evaluate before purchasing.
Creation of the Single Rental Registry
(Royal Decree 1312/2024)
The second major innovation is also national: the creation of the Single Rental Registry. Starting July 2025, registration in this Registry is mandatory for all tourist properties in Spain.
Registration, carried out through the Land Registry and involving the assignment of a Rental Registration Number (RRN), is therefore compulsory, independent, and complementary to regional registration. In addition, digital rental platforms may only list properties already registered and assigned an RRN.
This establishes a system of double administrative control: first at the regional level and then at the national level. The goal is to improve coordination between authorities, unify criteria, and strengthen oversight of tourist activity.
Municipal Regulations Still Define the Possibilities
Although the previous changes affect national legislation, municipalities continue to play a decisive role. Their powers allow each city to organize its territory and determine where and under what conditions tourist homes may operate.
In 2025, the following remain in force:
- the declaration of saturated or restricted zones,
- temporary moratoriums on granting new licenses,
- and the requirement that tourist use must be compatible with the local urban planning (PGOU).
Cities like Málaga or Seville have already applied restrictive measures in certain areas, and these decisions may prevent a dwelling from being registered as tourist accommodation, even if it obtains homeowners’ authorization.
Compliance with Regional Regulations
National changes do not replace the regulations of each Autonomous Community, such as the Andalusian Government, which continues to require the responsible declaration, habitability and safety conditions, ventilation and climate requirements, and minimum equipment, among others.
This part of the process remains essential. It is simply now part of a broader framework involving the State and municipalities as well.
A New Model: Multiple Regulatory Layers and the Need for Thorough Preliminary Analysis
The 2025 system combines three regulatory levels:
- The State, which has introduced mandatory authorization from homeowners’ associations and registration in the Single Rental Registry.
- Municipalities, which determine urban viability through moratoriums and saturation zones.
- Regional governments, which regulate tourist activity and technical requirements.
Each level governs different aspects, but all must be met. This means that a prior legal analysis of each property’s situation is more important than ever. Location, homeowners’ authorization, municipal planning, and tourist requirements must be reviewed before starting the activity. Based on our expertise —including our perspective as a real estate lawyer in Marbella— this assessment is essential to ensure full compliance and avoid future legal issues.
Conclusion: 2025 Introduces a New Approach with More Requirements for Starting Tourist Activity
Tourist properties remain a viable and highly demanded option, but the process is now more restrictive and demanding, requiring more careful legal planning.
The key role of the homeowners’ association and the obligation to obtain the RRN from the Land Registry create a new scenario for investors, who must ensure full compliance with all requirements. Relying on specialized legal advice may be the difference between a viable project and one blocked from the outset.