Key data
| Regulation | Resolution of May 21, 2026, from the General Directorate of Legal Security and Public Faith |
|---|---|
| Publication | October 8, 2026 |
| Entry into force | Not specified |
| Affected parties | Owners and investors who want to convert properties or homes into tourist accommodation in homeowners' communities |
| Category | Real estate |
| Key regulation applied | Art. 17.12 of the Horizontal Property Law (LPH) and Second Additional Provision of LO 1/2025 |
| Deadline for exemption | April 3, 2025 (cutoff date for pre-existing tourist activity) |
If you have a property in a residential building and want to convert it into a tourist apartment, this resolution directly affects you. The Madrid Property Registry No. 36 suspended the registration of a deed for change of use from property to tourist housing, and the General Directorate of Legal Security and Public Faith has confirmed that decision in its Resolution of May 21, 2026.
The reason: the owner did not have authorization from the owners' meeting, and their municipal licenses—both urban planning and operating licenses—were after April 3, 2025, the cutoff date set by the second additional provision of LO 1/2025. Result: full application of article 17.12 of the Horizontal Property Law and registry blockade.
What does this regulation establish?
The resolution applies and interprets two regulations that were already in force, but whose combination generates a very specific requirement for tourist housing investors:
- Article 17.12 of the Horizontal Property Law (LPH): requires the favorable vote of 3/5 of the owners and participation shares to limit or condition the exercise of tourist activity in a community.
- Second Additional Provision of LO 1/2025: establishes an exemption for those who were already exercising tourist activity with municipal license before April 3, 2025. These owners do not need to obtain the reinforced majority.
The key to the resolution lies in what is understood by "exercising the activity with municipal license" before that date. The General Directorate clarifies that it is not enough to have submitted a regional responsible declaration. The municipal enabling title (urban planning license and operating license) is also required. In the case analyzed, both municipal licenses were after April 3, 2025, so the exemption condition was not met.
| Condition | Exempt from 3/5 majority? |
|---|---|
| Municipal license (urban planning + operating) before April 3, 2025 | Yes, exempt |
| Only regional responsible declaration before April 3, 2025, without municipal license | No, not exempt |
| Municipal licenses after April 3, 2025 | No, not exempt — art. 17.12 LPH applies |
Economic and operational impact
For an investor or owner who wants to allocate a property to tourist use in a homeowners' community building, the impact is immediate and very concrete:
- Registry blockade: without the approval of 3/5 of the owners, the Property Registry will not register the change of use. Without registration, the property cannot be legally accredited as tourist housing to third parties, financiers or platforms.
- Opportunity cost: the operation is paralyzed until the majority is obtained at the meeting, which can take months or be impossible if the community is opposed.
- Risk in already initiated operations: those who have purchased a property with the intention of allocating it to tourist use without verifying the status of municipal licenses before April 3, 2025 may find themselves with an investment that they cannot register or legally operate.
- Impact on due diligence: any purchase and sale of properties intended for tourist use in homeowners' communities must now verify, before closing, whether the exemption requirements are met or if it is necessary to convene and approve a meeting.
Who does it affect?
- Owners of commercial properties in residential buildings who want to convert them into tourist apartments.
- Real estate investors who acquire properties intended for tourist rental in homeowners' communities.
- Developers and managers of tourist apartments operating under horizontal property regime.
- Legal advisors and notaries involved in change of use deeds.
- CFOs and investment directors of funds or REITs with tourist assets in community buildings.
- Asset managers advising clients with properties in homeowners' communities.
Practical example
An investor buys in January 2026 an 80 m² property in a Madrid building with the intention of converting it into a tourist apartment. He requests municipal licenses (urban planning and operating) in February 2026 and obtains them in May 2026. He also submitted a responsible declaration to the Community of Madrid before April 3, 2025.
When he goes to the Property Registry to register the change of use, the registrar suspends the registration. Why? Because his municipal licenses are after April 3, 2025 and the regional responsible declaration is not sufficient to benefit from the exemption of LO 1/2025. Article 17.12 LPH must be applied: he needs the owners' meeting to approve tourist use with the favorable vote of 3/5 of the owners and shares. If the community refuses or does not reach that quorum, the operation is blocked indefinitely.
What should owners and investors do now?
- Verify the date of your municipal licenses: check if both the urban planning license and the operating license are before April 3, 2025. Only in that case are you exempt from requesting the 3/5 majority at the meeting.
- Do not confuse regional responsible declaration with municipal license: having submitted a responsible declaration to the autonomous community before April 3, 2025 does not exempt you from the majority requirement if you do not also have the municipal licenses from that date.
- Before buying, review the license history: in any acquisition operation of properties intended for tourist use in a homeowners' community, include in the due diligence the verification of the dates of municipal licenses.
- If you need the 3/5 majority, convene a meeting as soon as possible: the process of convening, holding and recording the meeting can take weeks. The sooner you start it, the sooner you can register the change of use.
- Consult with a lawyer specialized in horizontal property: the interpretation of the exemption and the requirements for registry registration have nuances that may vary depending on the municipality and autonomous community.
Frequently asked questions
What majority do I need in the homeowners' community to register tourist housing?
You need the favorable vote of 3/5 of the owners and participation shares, according to article 17.12 of the Horizontal Property Law. This reinforced majority is mandatory unless you were already exercising tourist activity with municipal license before April 3, 2025.
Does the regional responsible declaration exempt me from asking permission from the neighbors' community?
No. The Resolution of May 21, 2026 expressly confirms that merely submitting the regional responsible declaration before April 3, 2025 is not sufficient to be exempt. The municipal enabling title (urban planning license and operating license) with a date before that date is also required.
What happens if the Property Registry suspends the registration of my change of use?
The change of use has no registry effect: you cannot legally accredit the property as tourist housing. To unblock the situation, you must obtain the agreement of 3/5 of the owners at the meeting and present it to the Registry along with the deed.
When is the exemption of LO 1/2025 applied for tourist housing?
It only applies if the owner proves that he was already exercising tourist activity with municipal license before April 3, 2025. Both the urban planning license and the operating license must be before that date. If either of the two is after, the exemption does not apply and the vote of 3/5 at the meeting is mandatory.
Does this resolution affect only properties or also homes that want to be allocated to tourist use?
The resolution analyzed refers to a change of use from property to tourist housing, but the criterion applied—the need for a 3/5 majority according to art. 17.12 LPH unless exemption by prior municipal license before April 3, 2025—is applicable to any property in a homeowners' community that wants to be allocated to tourist use without meeting the exemption requirements.
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-2026-20955
