Supreme Court ruling on tourist apartments: What changes for communities?

How has the Supreme Court Ruling affected property owners?

The Supreme Court ruling on tourist apartments has reshaped how homeowner communities and individual owners approach short-term lets across Spain.

What began as a single clarifying decision has become a settled body of case law, reinforced by a major reform of the Ley de Propiedad Horizontal that took effect on 3 April 2025.

This guide sets out where the law stands in 2026, so that both communities and owners of tourist apartments in homeowner communities can act with confidence.

How Ley Orgánica 1/2025 changed the rules on tourist apartments

The reform of article 17.12 of the Ley de Propiedad Horizontal, introduced by Ley Orgánica 1/2025, entered into force on 3 April 2025 and altered the starting point completely.

Before that date, a tourist apartment was permitted unless the community had expressly prohibited it.

From that date, a new tourist apartment is prohibited unless the community expressly authorises it, under the new article 7.3 of the Ley de Propiedad Horizontal.

The table below summarises the shift that every owner of tourist apartments should understand.

The 2026 Supreme Court ruling on tourist apartments and licences

A frequent misunderstanding is that a municipal licence or a regional tourist registration guarantees the right to operate.

The 2026 Supreme Court ruling on tourist apartments settled this point by confirming that administrative authorisation and community rules sit on independent planes.

An owner may hold a valid licence and still be bound by an express prohibition in the community’s statutes.

The practical lesson is that community approval and administrative permits are two separate requirements, and both must be satisfied before letting a property to visitors, a distinction that also matters when you rent your flat through a platform in Valencia.

The end of the state register and the Valencian angle

In May 2026, the Supreme Court annulled the state single short-term rental register created by Royal Decree 1312/2024.

The Court found that the State lacked the competence to impose a national register that overlapped the regional tourist registers already in place.

The challenge was led by the Generalitat Valenciana, a point of particular relevance for owners and communities across the Valencian Community, which already operates its own regional registration system, as explained in the official note from the General Council of the Judiciary.

The national registration number is therefore no longer required, although regional and municipal obligations continue to apply in full.

The main decisions on tourist apartments at a glance

Practical consequences for communities and owners

The current Supreme Court ruling on tourist apartments and the 2025 reform together carry several concrete implications.

• Communities that wish to prohibit tourist apartments should review and, where necessary, amend their statutes so that the prohibition is expressly recorded.
• A qualified majority of three-fifths of the owners, representing three-fifths of the participation quotas, is required to approve, condition or prohibit the activity.
• Owners who were lawfully operating before 3 April 2025, holding the relevant regional and municipal permits, retain protection for their existing activity.
• A community may approve a surcharge of up to twenty per cent on the common expenses of tourist apartments, provided it is not applied retroactively.

Legal recommendations after the ruling on tourist apartments

In light of the settled position, we recommend the following steps to homeowner communities and individual owners.

1. Review the current statutes of the community carefully to confirm what they permit, condition or prohibit.
2. Consider amending the statutes if you wish to regulate, authorise or prohibit tourist apartments under the new framework.
3. Seek specialist legal advice to draft clauses that are clear, valid and correctly registered.
4. Where a dispute arises, consider mediation as a first option before resorting to litigation.

How we can help with the Supreme Court ruling on tourist apartments

At Delaguía y Luzón, we advise both homeowner communities and individual property owners on the practical impact of the Supreme Court ruling on tourist apartments.

Our team helps clients navigate these questions so that their interests are protected, and their position complies with current legislation.

• Statute review, analysing your community’s statutes to identify legal gaps or the need for amendments.
• Specialist advice on adapting the statutes to the current case law and the 2025 reform.
• Legal drafting of clear and valid clauses to authorise, regulate or prohibit tourist apartments.
• Representation in litigation, offering a robust defence in disputes over tourist apartments in homeowner communities.
• Mediation, facilitating amicable resolution between owners and communities.
• Guidance on licences and regional registration, so that community approval and administrative permits are correctly aligned.

Frequently asked questions

What did the Supreme Court ruling on tourist apartments decide?

It confirmed that a community can only prohibit tourist apartments where the prohibition is expressly recorded in the statutes, because a general reference to residential use is not sufficient.

Can my community ban tourist apartments in 2026?

Yes, a community may prohibit the activity through an express agreement adopted by a three-fifths majority of owners and participation quotas.

What majority is needed to authorise or prohibit the activity?

Three-fifths of the total owners, representing three-fifths of the participation quotas, is required to approve, condition or prohibit tourist apartments.

I already run a tourist apartment. Am I affected?

If you were operating lawfully before 3 April 2025 with the relevant regional and municipal permits, your existing activity is protected, although you should keep your documentation up to date.

Does a tourist licence protect me from a community prohibition?

No, because the 2026 case law confirms that administrative permits and community rules operate independently, so a licence does not override an express prohibition in the statutes.

Can the community charge tourist apartments higher fees?

A community may approve a surcharge of up to twenty per cent on the common expenses of tourist apartments, adopted by the same three-fifths majority.

Is the surcharge retroactive?

No, the surcharge cannot be applied retroactively to owners who were already operating before the relevant agreement was adopted.

Do I still need the state single rental register?

No, the national single register was annulled in 2026, so the national registration number is no longer required, though regional and municipal obligations remain.

How does this affect tourist apartments in Valencia specifically?

The Valencian Community operates its own regional registration system, and the challenge to the state register was led by the Generalitat Valenciana, so owners here continue to work within the regional framework.

What should our community do next?

Review your statutes now, decide whether to authorise, condition or prohibit the activity, and seek specialist advice to record the decision correctly and register it where required.