Legislative Updates for Horizontal Property in Andalucía and Málaga
The legislative updates on horizontal property in Andalucía and Málaga have changed the way property owner communities manage issues such as tourist accommodation, works affecting common elements, or the approval of certain agreements.
Understanding these changes is essential to avoid conflicts between neighbors, adopt agreements correctly, and comply with both the Horizontal Property Law and the applicable tourist and urban planning regulations.
In a province such as Málaga, where many buildings house permanent residents, second homes, and holiday rentals, these updates are of particular importance for property owners, presidents, and property administrators.
The Horizontal Property Law Strengthens the Role of Communities
One of the most significant changes came with the reform of the Horizontal Property Law, which introduced a new framework for properties intended for tourist use.
From April 3, 2025, the owner who wishes to initiate a new tourist accommodation activity in a property subject to the horizontal property regime must first obtain the express approval of the property owner community when legally required.
Until that time, many owners considered it sufficient to comply with tourist and urban planning obligations. However, the community has acquired a much more significant decision-making capacity regarding the establishment of new tourist accommodation in the building.
This change particularly affects municipalities such as Málaga, Fuengirola, Mijas, Marbella, Benalmádena, or Torremolinos, where there is a significant presence of holiday rentals.
To expand on this matter, you can consult our article on tourist apartments in property owner communities and what the law establishes.
What Majority Is Required to Authorize Tourist Accommodation?
The authorization of new tourist accommodation requires a double qualified majority.
It will be necessary to obtain the favorable vote of:
- Three-fifths of the total number of owners.
- Three-fifths of the participation quotas.
Therefore, it is not sufficient to obtain the majority of owners present at the meeting. Both requirements must be met simultaneously: number of owners and percentage of quotas.
Furthermore, if an owner initiates tourist activity without having the community authorization when it is mandatory, the president may require cessation and, if the situation continues, the community may consider exercising the corresponding legal actions.
Main Changes in Horizontal Property and Tourist Accommodation
| Aspect | Previous Situation | Current Situation |
|---|---|---|
| Tourist Accommodation | Greater attention was paid to tourist and administrative requirements. | New activities may require the express approval of the community. |
| Community Majority | There were doubts about the community’s capacity to limit new activities. | A majority of three-fifths of owners and quotas is required. |
| Urban Planning Compatibility | It was not always verified before initiating the activity. | Compatibility of the use with applicable urban planning regulations must be verified. |
| Role of the Community | The community had a more limited capacity for intervention. | The meeting acquires greater decision-making and control capacity. |
| Licenses and Authorizations | Attention could be focused solely on tourist registration. | Municipal licenses and responsible declarations must also be reviewed. |
Andalusia Updates the Regulation of Tourist Accommodation
Alongside the state reform, Andalusia has updated its regulations on tourist accommodation through Decree 31/2024 and subsequent amendments.
Among the main changes introduced are:
- The update of the regulation of tourist accommodation.
- The obligation to submit the corresponding responsible declaration.
- The need to prove urban planning compatibility when required.
- The incorporation of the figure of operating companies.
- The establishment of maximum capacity and occupancy limits.
- Greater administrative control over new registrations.
Subsequently, Decree-Law 1/2025 strengthened control over new tourist accommodation and the need to verify that the property meets both community and urban planning requirements.
Consequently, it is no longer sufficient to consider that a property can be used for tourist rental because it is located in a tourist area or because other holiday accommodations exist in the same building.
How Do These Changes Affect Property Owner Communities in Málaga?
In Málaga, these updates are of particular importance due to the high number of properties intended for short-term rental.
Before initiating a new tourist activity, it is advisable to verify:
- Whether the community statutes contain any prohibition or limitation.
- Whether there are previous community agreements on tourist accommodation.
- Whether the meeting must expressly authorize the new activity.
- Whether tourist use is compatible with municipal urban planning.
- Whether a license or responsible declaration of change of use is required.
- Whether the property meets the required technical and administrative requirements.
The fact that other tourist accommodation already exists in the building does not necessarily mean that a new owner can initiate the same activity. Existing properties may be in a different legal situation or may have been registered before the new requirements came into force.
Practical Example in a Property Owner Community
An owner in a community in Fuengirola wishes to convert their property into tourist accommodation.
Before initiating the activity, they must verify that the use is compatible with municipal urban planning regulations, review the statutes and agreements of the community, and obtain, when required, the approval of the meeting through the corresponding legal majority.
They must also comply with applicable administrative obligations and submit the appropriate licenses or responsible declarations.
Omitting any of these steps may prevent the initiation of the activity, cause its subsequent suspension, or generate conflicts with the property owner community.
The Updates Do Not Only Affect Tourist Apartments
Legislation on horizontal property also conditions numerous works and common actions within a property owner community.
Among them are:
- The division or segregation of a property.
- The union or grouping of two properties.
- The construction of new floors.
- The enclosure of terraces.
- The installation of elements on facades or roofs.
- Works affecting common elements.
- Modifications to the structure or exterior configuration of the building.
- Actions intended to improve energy efficiency.
In many of these cases, the will of the interested owner is not sufficient. It will be necessary to obtain the approval of the community through the corresponding majority and, when appropriate, request an urban planning license or administrative authorization.
It is also important to understand the boundaries between private elements and community elements. You can expand on this information in our article on common elements in a property owner community.
Rights and Obligations of Owners
The update of the regulations does not eliminate the basic rights of each owner, but it does reinforce the need to exercise them while respecting the statutes, meeting agreements, and the rights of other neighbors.
Among the main obligations of owners are:
- Respect common elements and general installations.
- Maintain their property or premises in good condition.
- Avoid activities that cause damage or disturbance to other neighbors.
- Contribute to the payment of general community expenses.
- Allow necessary repairs for the maintenance of the property.
- Comply with agreements validly adopted by the meeting.
You will find more information in our content on rights and obligations of owners in communities.
The Importance of Reviewing Each Case Before Acting
Current regulations are more complex than a few years ago, as the same action may be conditioned by different rules and documents.
Before making a decision, the following should be reviewed:
- The Horizontal Property Law.
- Andalusian regional regulations.
- Tourist regulations.
- Municipal urban planning.
- The community statutes.
- Agreements previously adopted by the meeting.
For this reason, it is advisable to analyze each situation before initiating a work, purchasing a property to use for tourist rental, or adopting a particularly significant community agreement.
A prior review can avoid unnecessary investments, challenges to agreements, administrative sanctions, and conflicts between owners.
Do You Need Help Managing These Changes in Your Community?
At Costa Mar Property Administration, we help property owner communities, presidents, and neighbors correctly manage updates related to the Horizontal Property Law.
We work with communities in Málaga, Fuengirola, Mijas, and other municipalities on the Costa del Sol, advising on community agreements, tourist accommodation, works, common elements, expenses, and administrative management.
Professional management allows decisions to be made with greater security, reduces conflicts between neighbors, and ensures that agreements are processed correctly.
Property owner communities face a new stage marked by greater control over tourist accommodation, more demanding urban planning regulations, and increasing responsibility in adopting agreements.
In Málaga and the rest of Andalusia, owners, presidents, and administrators must simultaneously review the Horizontal Property Law, tourist regulations, municipal planning, and the statutes of each community.
Acting with foresight and having professional administration allows errors to be avoided, the interests of neighbors to be protected, and community management to be adapted to new legal requirements.
From When Does Tourist Accommodation Require Community Authorization?
From April 3, 2025, new tourist accommodation subject to the horizontal property regime requires the express approval of the community when established by current regulations.
What Majority Is Required to Approve Tourist Accommodation?
The favorable vote of three-fifths of the owners representing, in addition, three-fifths of the participation quotas is required.
Can the Community Prevent Tourist Accommodation?
When legislation requires prior authorization, the community may deny it if the required majority is not reached. If the activity begins without meeting the requirements, it may exercise the actions provided for in the Horizontal Property Law.
What Differences Exist Between a VFT and a VUT?
Andalusian regulations have replaced the former designation of Property for Tourist Purposes (VFT) with Tourist Accommodation (VUT), incorporating new obligations related to urban planning compatibility and administrative control.
Does Enclosing a Terrace Require Community Authorization?
It will depend on the type of action. When works affect common elements, the exterior configuration of the building, or aspects regulated by the Horizontal Property Law, community approval will normally be required and, in many cases, administrative authorization.
Why Is It Advisable to Consult a Property Administrator Before Carrying Out a Work?
Because an apparently simple action may require community authorizations, urban planning licenses, or compliance with certain legal requirements whose non-compliance may generate sanctions or conflicts between neighbors.