Community approval for vacation rentals in Spain: the 3/5 majority rule explained
An owner in Puerto Banus had just received his VFT number and was ready to list on Airbnb. Then came the June community meeting: a 3/5 majority vote blocked all vacation rentals in the building. Can they actually do that? Yes. Under Decreto 31/2024, your community of owners has that power. But there are ways to deal with it.
Anouar Zhaoui · 2026-05-19
What is the 3/5 majority rule?
Under Decreto 31/2024 from the Junta de Andalucia, comunidades de propietarios (the Spanish equivalent of homeowner associations) can restrict or ban vacation rentals through a vote requiring a 3/5 majority. This means that if 60% of owners (by number and by ownership share) vote against tourist use, rentals can be banned in the building.
Importantly, the 3/5 rule works both ways. A community can ban vacation rentals, but it can also explicitly permit them. In buildings where no vote has taken place, vacation rentals are permitted by default, provided you meet all other legal requirements (such as your VFT registration and NRA number).
Difference from national legislation
The national Ley de Propiedad Horizontal allows communities to restrict vacation rentals with a 3/5 majority. The Andalusian Decreto 31/2024 follows the same threshold but adds regional nuances, such as the requirement that the ban must be formally registered in the property registry (Registro de la Propiedad) to be legally enforceable.When do you need approval?
Whether you need your community's approval depends on the situation:
| Situation | Approval needed? |
|---|---|
| The community has not voted on vacation rentals | No - rentals are permitted by default |
| The community has voted to ban rentals with 3/5 majority | Yes - you cannot rent without having the ban lifted |
| You had a VFT registration before the ban was imposed | Possibly not - existing licenses are often grandfathered |
| You live in a detached house (no community) | No - the rule only applies to buildings with shared ownership |
Grandfathering of existing VFT registrations
An important nuance: if you already had an active VFT registration before the community imposed a ban, your existing license is often protected. This grandfathering principle (protection of acquired rights) is established in case law, but is not absolute. Consult a local lawyer if you are in this situation.Step-by-step: organising a vote
If you want your community to explicitly approve vacation rentals, or if you want to overturn an existing ban, you need to organise a vote at a meeting of owners (junta de propietarios). Here is how:
- Review the statutes - read the escritura de division horizontal and the current statutes of your community. Check if there are already provisions about tourist use.
- Request an agenda item - as an individual owner, you have the right to propose an agenda item for the next meeting. Submit this in writing to the administrador (manager) of your community.
- Prepare your arguments - present concrete benefits: professional management, no nuisance thanks to rules and smart lock technology, contribution to common expenses.
- Vote at the meeting - a 3/5 majority is required (by owners AND by ownership share). Owners who are absent and do not object within 30 days are deemed to have voted in favour.
- Register the decision - if the vote succeeds, have the decision registered in the Registro de la Propiedad for maximum legal certainty.
The 30-day rule for absent owners
Spanish law contains an important detail: owners who are not present at the meeting and do not submit a written objection within 30 days of receiving the minutes are deemed to have voted in favour of the proposal. This can work in your favour if your community has many absent owners (such as foreign owners who only use their property in summer).What if the community says no?
If your community has voted against vacation rentals with a 3/5 majority, you have several options:
• Wait and try again - a decision can be reversed at a subsequent meeting with the same 3/5 majority. Circumstances change and owners change.
• Legal challenge - if you can demonstrate that the vote was procedurally incorrect (e.g. insufficient notice period, wrong calculation of ownership shares), the decision may be declared void by a court.
• Check whether the ban is properly registered - a ban that has not been inscribed in the Registro de la Propiedad may not be enforceable against new owners.
• Sell and buy elsewhere - in extreme cases, it may be more financially attractive to purchase a property in a rental-friendly building.
Professional management as an argument
Many communities are wary of vacation rentals due to nuisance concerns. Deploying professional management with automated check-in, house rules, and noise monitoring can address the community's objections. In practice, well-managed vacation rentals often cause less disturbance than some long-term tenants. In a complex in Los Boliches, Fuengirola, one owner convinced the community by proposing a 6-month trial period with clear house rules and a dedicated contact person for complaints.License transferability when selling
A common question is whether the VFT license transfers when the property is sold. The answer is nuanced:
• The VFT registration is linked to the property, not the owner. When selling, the new owner can continue the existing registration, provided they continue the activity without interruption and notify the Junta de Andalucia.
• The NRA number must be updated - the new owner must transfer the VUDA registration to their name.
• A community ban applies to the property - if the building has imposed a ban, it applies to the new owner regardless of whether the previous owner had an active license. Grandfathering protection is typically personal.
Always consult a local lawyer when buying or selling a vacation rental with an active VFT registration to avoid legal complications.
Frequently asked questions
- Can my community ban me from renting?
- Yes, with a 3/5 majority (by owners and ownership share) the community can ban or restrict tourist rentals. This must be properly voted on and registered.
- Does the 3/5 rule apply to detached houses?
- No. The rule only applies to buildings with shared ownership (propiedad horizontal), such as apartment complexes. A detached house has no community that can vote.
- What if I already have a VFT number and the community later imposes a ban?
- Existing VFT registrations are often grandfathered, but this is not always guaranteed. Consult a lawyer.
- How do I find out if my community has a ban?
- Request the minutes of recent meetings from the administrador of your community, or check the Registro de la Propiedad.
- Can I vote if I do not live in Spain?
- Yes. You can issue a power of attorney (poder de representacion) to someone who votes on your behalf at the meeting. This must be done in writing.
- Does my vote count if I do not attend the meeting?
- If you are not present and do not object in writing within 30 days of receiving the minutes, you are deemed to have voted in favour of the proposal. Pay close attention to your mail if you live abroad.
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