Can the owners’ association ban a holiday flat in Spain?

General information based on official sources, checked on 3 November 2026. It is not legal or tax advice.

The owners’ association now plays a central role in holiday flats. This guide collects, with official sources, what the BOE and the Junta de Andalucía say about the majority needed, prior approval, non-retroactivity, fees and how it fits with Andalusian registration. The official texts are in Spanish.

Can the owners’ association ban a holiday flat?

Yes. According to the BOE, since 3 April 2025 the Horizontal Property Act provides that an agreement to approve, limit, set conditions on or ban the holiday rental activity requires the favourable vote of three fifths of all the owners who, in turn, represent three fifths of the ownership shares (article 17.12).

This change came with Organic Law 1/2025, which amended Act 49/1960 on Horizontal Property (consolidated text, checked on 3 November 2026).

Which majority is needed?

Three fifths of all the owners, who must also represent three fifths of the ownership shares. According to article 17.12, the law refers to “all the owners” and requires both conditions at the same time. The same majority applies whether or not the agreement involves changing the constitutive title or the bylaws.

Is the association’s approval needed to start?

According to article 7.3 of the Horizontal Property Act, an owner who wants to carry out the activity in their dwelling must first obtain the express approval of the owners’ association, under the terms of article 17.12. The text speaks of “express approval”: it is not enough that nobody objects. This paragraph was added with effect from 3 April 2025.

Are the association’s agreements retroactive?

No. Article 17.12 of the Horizontal Property Act states literally: “Estos acuerdos no tendrán efectos retroactivos” (these agreements shall not have retroactive effect). The BOE text does not elaborate on the scope of this sentence in the article; for a specific case, consult a lawyer.

Can the association raise a holiday flat’s fees?

Yes, with a limit. According to article 17.12, the same three-fifths majority is required for an agreement setting special charges or a larger share of the common costs for the dwelling where the activity takes place, as long as these changes do not mean an increase of more than 20 %.

What happens if a flat is rented without the association’s approval?

According to article 7.3, if the activity is carried out without having been expressly approved, the president, on their own initiative or at the request of any owner or occupier, will require whoever carries it out to stop, with a warning of legal action, which proceeds as article 7.2 regulates.

According to article 7.2, that action goes through ordinary proceedings, the judge may order immediate cessation as an interim measure, and the ruling may impose loss of the right to use the dwelling for no more than three years.

What changes in Andalusia?

In Andalusia, Decree 28/2016 excludes from tourist-use dwellings those in buildings whose bylaws expressly ban the activity (article 1.3.b). Also, the declaración responsable includes a statement that the bylaws do not ban it and that the association has expressly authorised it (article 9.1.g).

More on registration in our guide how to check whether a flat has a licence in Andalusia and on our page on the tourist licence in Andalusia.

And in Jerez, El Puerto de Santa María and Cádiz?

The association and the town hall act separately. The decree recognises that town halls may limit the number of tourist-use dwellings per building, sector, area, period or zone, using clear and objective criteria published before applying them (article 2.2). This is what their official websites indicate (checked on 3 November 2026):

• Jerez de la Frontera: the town hall states that since 22 January 2026 the amendment to the PGOU regulating tourist-use dwellings has been in force; in multi-family buildings they are only accepted on the ground floor and the change of use must be legalised (Jerez town hall).
• El Puerto de Santa María: the town hall states that on 7 March 2025 the council approved suspending new authorisations, for a maximum of three years, under Decree-Law 1/2025 (El Puerto town hall).
• Cádiz: the town hall reported in May 2025 that the council approved suspending the registration of new tourist-use dwellings; the page gives no duration and does not say whether it is still in force (Cádiz town hall).

For Rota and Puerto Real, ask their town hall. Local rules change: always confirm with your town hall.

How are good relations with the neighbours looked after?

Decree 28/2016 requires informing guests of the association’s rules, restricted areas, rubbish and noise (article 6.2.d), and allows requiring guests who break the rules of coexistence to leave within twenty-four hours (article 2.5). Key boxes may not be placed on street furniture (article 7.4).

In the flats we manage at Orilla Host, this translates into:

• Clear house rules, sent before arrival: quiet hours, rubbish, shared areas, pool.
• Identified guests and capacity respected.
• Keys handed over in person or with a system that does not leave key boxes on street furniture.
• A contact phone number for the neighbours.
• Proper cleaning and rubbish after every check-out.

What should happen if the association proposes a ban?

For a specific agreement, the association, the property administrator and a lawyer are the ones who can assess the case: this guide only collects what official sources say. In association agreements, the agenda and the minutes are the documents that record what was voted. We do not give legal advice.

How we help at Orilla Host

We only manage flats whose registration is in order, in Jerez de la Frontera, El Puerto de Santa María, Rota, Puerto Real and Cádiz. How we work is on our owners page. We do a free assessment of each flat.

Sources (checked on 3 November 2026)

• BOE, Act 49/1960 on Horizontal Property (consolidated text: articles 7.2, 7.3 and 17.12), in Spanish.
• BOE, Organic Law 1/2025 of 2 January (in force since 3 April 2025), in Spanish.
• Junta de Andalucía, Decree 28/2016, consolidated text (articles 1.3.b, 2.2, 2.5, 6.2.d, 7.4 and 9.1), in Spanish.
• Town halls of Jerez, El Puerto de Santa María and Cádiz, in Spanish.

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General information based on official sources; it is not legal or tax advice. For an association agreement or a specific dispute, consult a lawyer.