Can a homeowners' community prohibit tourist licences?

Published April 2025 · Reading time: 11 min · SALAMA LEGAL SLP · Jacob Salama, Lawyer ICAMALAGA 11.294

Law 1/2025 introduces Article 17.12 LPH, which allows communities to require express authorisation for tourist accommodation activity. The change is structural for the sector.

What the new regime says

• Express agreement of the community required for licences after 3 April 2025.
• 3/5 quorum of owners and quotas.
• Without express agreement, the licence cannot proceed.

Limits and exceptions

• Licences obtained before 3 April 2025 are not subject.
• The rule does not allow «retroactively» cancelling existing activity.
• The community decision can be challenged in court (Article 18 LPH) if there is procedural defect, abuse of right or contradiction with the law.

Strategy for owners

1. Attend meetings personally.
2. Document attendance, votes and disagreements.
3. Challenge the agreement if there is procedural defect (Article 18 LPH).
4. Negotiate quietly with neighbours.