The prohibitions of use and tourist destination agreed by the communities of owners and their situation after the reforms by OL 1/2025, of 2 january, on measures in terms of efficiency of the public justice service and by RD 1312/2024, of 23 december, which regulates the single lease registration procedure

Abstract

The Statutes of a community of owners are characterized by the fact that, being part of the constitutive instrument, their approval or amendment always requires unanimity, although in certain cases agreements could be adopted through a different and special quorum, must be in public deed to access the Property Register and be opposable to third parties.

Under such prohibitions, no owners is not permitted to engage in activities in the property which, are prohibited in the Statutes as being harmful or damaging and have been extended to other uses or destinations which the owner could not use on his property, as an exception based on objective limits of general interest for the Community, always on an express basis, such as the rental of dwellings for tourist purposes.

The form, mechanism and majorities required for its limitation or prohibition have been reformed in the Horizontal Property Law pursuant to the provisions of the Fourth Final Provision of Organic Law 1/2025, of 2 January, measures on the efficiency of the Public Service of Justice and the Royal Decree 1312/2024 of 23 December regulating the procedure for the Single Register of Leases and creating the Digital One-Stop-Shop of Leases for collection and exchange of data on short-term accommodation rental services, Creating a new and complex regulatory system for tourist leasing.