GIPE Newsletter (Nº 24.152) March, 27th 2025

COMMUNITY OF OWNERS:

AUTHORIZATION FOR TOURIST APARTMENTS

Starting April 3, 2025, owners wishing to begin renting their homes for tourist purposes within residential buildings must have the explicit approval of the community of owners. This authorization must be obtained through an agreement adopted by a three-fifths majority in both the number of owners and the participation ratios.

If an owner initiates a tourist rental activity without such permission, the residents will have the option of filing a complaint in court, alleging that the activity is a nuisance or prohibited, provided that there is a prior request from the president of the association.

Important: If the offending owner does not heed this warning and legal proceedings are initiated, they could be forced to cease the tourist activity and, if applicable, compensate the community for the damages caused. Furthermore, depending on the regulations in force in each autonomous community, financial penalties could reach up to €600,000.

Who does this measure affect?

Tourist apartments already operating before April 3, 2025, will not be subject to this new regulation, as the rule is not retroactive, so they will be able to continue operating.

INSURANCE:

FOR FAILURE TO NOTIFY THE INSURER…

Generally, insurance policies are automatically renewed each year, unless either party states otherwise.

Important: If you intend to change insurance companies, you must notify the insurance company in writing of your decision not to renew your current policy at least one month before the contract expiration date.

AID:

GUARANTEES FOR RENTALS

Following the extension of the suspension of some evictions in December (although it was repealed in January, it was reapproved shortly after), a new line of public guarantees for rentals has been given the green light, with the aim of providing greater security to owners.

Important! Although a regulation detailing its implementation has yet to be published (expected within six months), the measure has already been definitively approved. Here’s how it will work:

• Landlords who rent to people under 35 or to families in vulnerable situations will be eligible for this guarantee, provided they meet at least one of these requirements when signing both the rental agreement and the guarantee. Note: The specific definition of “vulnerable family” will be established in the forthcoming regulation.
  
• The rent may not exceed the value set by the State Rental Price Reference Index.
  
• The landlord must deposit the corresponding legal deposit and any updates, and formalize a specific agreement with the tenant regarding the guarantee, using the template approved by the regional government.
  

What does the guarantee cover? This public support will cover unpaid monthly payments until the landlord recovers the property, as well as any damages caused by the tenant and unpaid utilities, if any.

Note: The owner may request payment of the deposit within six months of repossessing the property.

GIPE: Together we will be stronger