Key data
| Regulation | Resolution of April 23, 2026, DGSJFP — appeal against qualification note from the property registry of Valencia no. 16 |
|---|---|
| Reference standard | Art. 7.3 Horizontal Property Law (LPH), introduced by LO 1/2025 |
| Publication | July 24, 2026 |
| Entry into force of the requirement | April 3, 2025 |
| Required majority | 3/5 of owners AND 3/5 of participation shares (60%) |
| Affected parties | Owners and investors who want to convert homes or premises into tourist apartments or hotels |
| Category | Real Estate |
| Registry effect | Subsanable defect: can be corrected by providing the meeting minutes with the required majority |
If you plan to convert an apartment or premises into a tourist apartment or hotel, obtaining the tourist license is no longer enough. From April 3, 2025, art. 7.3 LPH —introduced by LO 1/2025— additionally requires the express agreement of the community of owners with a reinforced majority of 60% of owners and 60% of shares. Without that agreement, the Property Registry suspends the registration of the change of use.
The Resolution of April 23, 2026 from the DGSJFP confirms and consolidates the criterion already established in July 2025: obtaining the tourist license after the entry into force of LO 1/2025 requires accrediting the community agreement to register the change of use. There are no shortcuts.
What does this regulation establish?
LO 1/2025 introduced art. 7.3 in the Horizontal Property Law. This provision establishes that allocating a property in a community of owners to tourist activity requires express approval from 3/5 of the owners and 3/5 of the participation shares. It is not a simple majority: it is a reinforced majority that requires convincing a significant portion of the neighbors.
The DGSJFP resolution analyzes a specific case: the attempt to register the change of use of premises to tertiary hotel use in Valencia, which was suspended by the property registrar no. 16 due to the lack of community agreement. The DGSJFP confirms the suspension and establishes the following rules:
| Situation | Does it require 60% agreement? |
|---|---|
| Tourist license requested BEFORE April 3, 2025 and activity already exercised | No (transitional exception of LO 1/2025) |
| Tourist license requested AFTER April 3, 2025 | Yes, mandatory to register the change of use |
| Works and activity start communications after April 3, 2025 | Yes, the transitional exception does not apply |
| Change of use from residential to tertiary hotel in any post-LO 1/2025 case | Yes, without exception |
The defect detected by the registrar is classified as subsanable: the developer or investor can correct it by providing the minutes from the owners' meeting showing the agreement with the required majority. If that majority is not obtained, the change of use cannot be registered in the Registry.
Economic and operational impact
The impact is not only legal: it has direct consequences on the viability of investment projects in tourist assets located in buildings of property owners.
- Projects blocked without community agreement: any investment in renovation and enabling of apartments or premises for hotel use is paralyzed registrally if 60% of votes and shares are not obtained. This can result in the immobilization of capital already invested in works.
- Higher due diligence cost: before acquiring a property for tourist use in a community of owners, it is essential to verify whether community agreement already exists or if it is viable to obtain it.
- Risk in purchase and sale operations: buying a premises or apartment with the intention of allocating it to hotel use without having previously secured community agreement can result in an unregistrable investment and therefore with lower legal certainty.
- Cost of calling and managing meetings: obtaining the agreement involves calling an extraordinary meeting, negotiating with neighbors and reaching a reinforced majority, which can take weeks or months and is not guaranteed.
Who does it affect?
- Real estate investors who acquire apartments or premises in residential buildings to convert them into tourist apartments or hotels.
- Hotel developers who operate assets located in communities of owners.
- Individual owners who want to put their home or premises on professional tourist rental platforms and need to register the change of use.
- Investment funds and family offices with a portfolio of real estate assets in tourist areas.
- Legal advisors and property managers who process tourist licenses and changes of use for their clients.
- Property registrars who must apply the criterion consolidated by the DGSJFP.
Practical example
An investor acquires three ground floor premises in a residential building in Valencia in June 2025 with the intention of enabling them as a boutique hotel. He requests the tourist license, carries out the works and submits the activity start notification in October 2025. When he tries to register the change of use from "residential" to "tertiary hotel" in the Property Registry, the registrar suspends the registration.
The reason: both the works and the activity start notification are after April 3, 2025, so the transitional exception of LO 1/2025 does not apply. The investor must call an extraordinary meeting of owners and obtain the favorable vote of at least 60% of the owners and 60% of the participation shares. If he succeeds, he provides the minutes to the Registry and the defect is remedied. If he does not reach that majority, the change of use cannot be registered.
This is exactly the case analyzed in the Resolution of April 23, 2026 from the DGSJFP, which confirms the suspension by the Valencia property registrar no. 16.
What should companies do now?
- Review all ongoing change of use projects: if the works or activity start notification are after April 3, 2025, the 60% community agreement is mandatory to register the change of use.
- Verify if community agreement already exists before buying: in any acquisition operation of properties for tourist use in buildings of owners, include in the due diligence the verification of the agreement under art. 7.3 LPH.
- Call an extraordinary meeting if there is no agreement yet: prepare the call with the economic and legal arguments necessary to reach the majority of 3/5 of owners and shares.
- Keep the meeting minutes: the document that proves the agreement is what must be provided to the Registry to remedy the defect. It must clearly reflect the number of favorable votes and shares.
- Consult with a registrar or specialized lawyer if there are doubts about whether the project fits the transitional exception (activity exercised before April 3, 2025).
Frequently asked questions
What majority do I need from the community of owners to change an apartment to tourist use?
From April 3, 2025, art. 7.3 LPH —introduced by LO 1/2025— requires the favorable vote of 3/5 of the owners and 3/5 of the participation shares, that is, 60% in both parameters. A simple majority or the majority of those present at the meeting is not enough: it must be based on the total number of owners and shares in the community.
What happens if the Registry suspends the registration of the change of use to hotel?
The suspension is classified as a subsanable defect. This means it is not final: the developer or owner can correct it by providing the minutes from the owners' meeting showing the agreement with the 60% majority required by art. 7.3 LPH. If that document is provided, the Registry can proceed with the registration.
Does this requirement apply if I already had tourist activity before April 3, 2025?
LO 1/2025 contemplates a transitional exception for those who were already exercising tourist activity before its entry into force (April 3, 2025). However, according to the DGSJFP Resolution of April 23, 2026, this exception does not apply if the works and activity start notifications are after that date. In that case, the 60% requirement is mandatory.
Since when is the 60% agreement mandatory for tourist use in communities?
The requirement has been in force since April 3, 2025, the date of entry into force of art. 7.3 LPH introduced by LO 1/2025. The DGSJFP Resolution of April 23, 2026 consolidates the criterion already established in July 2025: any tourist license obtained after that date requires accrediting the community agreement to register the change of use.
Does it affect only tourist apartments or also hotels?
Art. 7.3 LPH applies to any allocation to tourist activity, which includes both tourist apartments and tertiary hotel use. The resolution analyzed specifically addresses a change of use to "tertiary hotel use", confirming that the 60% requirement also applies to hotel projects in buildings under horizontal property regime.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16135