CONSULTATION.
Dear lawyer. Two years ago, I became owner of an apartment in a residential complex on the beach of Las Marinas, in Denia. Unfortunately, there are several neighbours that carry out tourist rentals. Music at late hours. Shouting. Parties. Uncivil behaviour. Dirt in the common areas. Etc. The neighbours have been suffering this situation for several years and it is unsustainable. The administrator of my community says that nothing can be done. Is there really no way to defend oneself in Spain against such a dreadful situation?.
Response.
Dear reader, thank you very much for your message.
Tourist rental is an extremely complex issue. Below, we review the key points that any community of owners must consider when faced with this type of problem. For a more detailed study of your particular situation, we advise you to schedule a consultation with one of our lawyers.
Tourist Rental Licence: Is the activity being carried out legally?.
In order to rent a property to tourists in the Valencian Region, it is necessary to have the corresponding licence granted by the Valencian Regional Government. You can check the tourist licences issued in your community of owners by clicking on the following link: https://www.turisme.gva.es/datosabiertos/recursos-turisticos/viviendas-turisticas/. The practice of tourist rental without a licence is considered a very serious offence and fines ranging from 100.001€ to 600.000€ can be imposed.
Statutes/Bylaws. Recent Supreme Court rulings.
Another fundamental point is knowing the regulations of your Community of Owners. Your administrator should be able to inform you about the existence or not of statutes, internal regulations, etc. Recently, the Spanish Supreme Court has admitted the possibility of prohibiting tourist rentals when the community statutes prohibit “hostels” (STS 105/2024 of 30 January 2024) or “economic activities” (STS 1671/2023 of 29 November 2023).
Therefore, if the statutes of your community (even if they are very old) prohibit either of the two, your community could file a cease and desist action under art. 7.2 of the Horizontal Property Law. However, it is essential to study when the bylaws were approved, who was owner at that time, etc. Since the bylaws should not be enforceable against third parties acquiring in good faith if they are not registered in the Land Registry.
Municipal ordinance on noise. Cessation action and administrative channels.
Most local councils have specific regulations governing rest hours. For instance, Denia’s Citizen Coexistence Act prohibits: “Disturbing the rest of neighbours with loud music, shouting, noises from furniture or other objects between 22.00 and 8.00 hours”.
If a neighbour repeatedly breaches this precept, an administrative procedure could be initiated. And if the disturbances are documented (police reports, expert reports, witness statements, etc.), an action for cessation could also be brought before the courts.
Prohibition, limitation and increase in community expenses. Article 17.12 HPL.
As we have explained in previous articles, the prohibition/limitation foreseen in art. 17.12 of the LPH is not peaceful. Some courts admit the prohibition with the agreement of 3/5 of neighbours and quotas. Others understand that it can only be prohibited by unanimity (and that the aforementioned article only allows “limiting or conditioning”). Until the Supreme Court rules on this matter, you must be especially careful when drafting and voting on this type of agreements in the residents’ associations.
However, it is possible to establish special fees or to increase the community fees up to 20%, for dwellings dedicated to tourist rentals.
Conclusions.
At White-Baos Lawyers we are experts in Horizontal Property Law and Tourist Rentals. If your community is suffering from this type of problem, you are planning to hold a meeting to discuss its prohibition, etc. Do not hesitate to contact us. Our office can help you.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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