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TOURISM

Spain’s Málaga rolls out new rules to limit tourist rentals

The southern Spanish city of Málaga has for some time now been battling with the rapid increase in the number of tourist apartments. New rules aim to put a stop to this.

Spain's Málaga rolls out new rules to limit tourist rentals
Malaga introduces new rules to limit tourist rentals. Photo: Adrianna CA / Pexels

According to a municipal estimate, there are already around 8,000 tourist rentals in Málaga, which have been taking over the city, outpricing locals and causing issues for neighbouring residents.

Locals have reacted to the general uptick in tourism by planning mass protests, similar to those in the Canary Islands and the Balearics and plastering anti-tourist slogans across the city walls. 

In just the last three and a half months alone, there have already been 800 new applications for tourist licences, which is approximately eight every day.

This trend leads to “excessively high numbers,” Mayor Francisco de la Torre explained, noting that the desired balance between tourist activity and neighbourhood coexistence is at risk.

READ: Why Málaga has become a victim of its own success

As a result of this, Málaga City Council has been forced to implement a new series of control measures that will establish limits in saturated areas and favour long-term rentals instead.

The most important of these regulations requires that holiday homes have an independent access, as stated in the decree of the Junta de Andalucía, which came into force at the end of February.

General facilities such as electricity, water, telephone lines etc. must also be separate from those of the rest of the block of apartments.

This would mean no new tourist apartments located in buildings where locals and tenants reside and may mean that commercial buildings will become tourist rentals instead. 

The new order will not, however, affect those apartments registered before the legislation came into force, meaning that the circa 8,000 rentals that already exist will be allowed to stay.

This requirement had already been contemplated in the General Málaga City Plan since 2011, but will only now begin to affect those 800 new applications for licences, as well as any more in the future.

De la Torre explained that they will study which of the 800 applications submitted under the new legislative framework meet this requirement, adding that “It will not be easy for there to be properties for tourist use with an independent entrance”.

“We recognise the positive role that tourism has in Málaga, of course, both in hotels and tourist housing, but we want everything to be done in terms of harmony and coexistence,” since “the number of tourist apartments is too high,” he continued.

He explained that the objective is that rental prices will not rise uncontrollably and the market will be healthier. He added that people who want to rent out their home as a vacation rental will have the option of offering it up as a long-term rental instead.

Málaga is not the only city that has been cracking down on tourist rentals recently. Seville has become the first city in Andalusia to actually ban new tourist licences in certain areas.

Seville’s mayor José Luis Sanz has already announced that he will not grant new licenses in the most saturated areas. “There is no room for one more tourist apartment,” he warned.

Licences will no longer be granted in 11 central neighbourhoods including Santa Cruz, Arenal, Alfalfa, San Bartolomé, Feria, Encarnación-Regina, Santa Catalina, San Lorenzo, San Gil, San Vicente and Triana.

And in the Galician city of Santiago de Compostela, hundreds of tourist apartments will be forced to close due to new rules that limit their use to ground and first floors in buildings only in the old town.

READ MORE: ‘We won’t look for renters’: Holiday lets in Spain’s Santiago forced to close

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PROPERTY

Spain considers banning tourist lets in residential buildings

The Spanish government has announced it's studying the possibility of prohibiting tourist apartments in residential buildings where property owners live.

Spain considers banning tourist lets in residential buildings

The Minister of Housing and Urban Agenda, Isabel Rodríguez, announced this Tuesday that the Government is studying a reform of the Horizontal Property Law in order to allow property owners to prohibit tourist apartments in their residential buildings.

In Spain, each building has what’s known as a community of neighbours, referred to La Comunidad or Comunidad de Vecinos in Spanish, and essentially the Spanish government is considering giving them veto power over tourist apartments in their buildings.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

The announcement was stated in an interview on Telecinco, in which Rodríguez stated that this move comes as a consequence of recent supreme court rulings on tourist apartments in Oviedo in Asturias and San Sebastián in the Basque Country.

In the rulings, the magistrates concluded that the rental of housing for tourist use is an economic activity, and agreed that communities of owners in two separate buildings could ban tourist rentals in several apartments.  

“It will be the neighbourhood communities that will also be able to participate in these types of decisions, because this phenomenon, which is not exclusive to our country, affects the entire world and the main capitals in Europe,” explained the minister.

READ ALSO – UPDATE: Which cities in Spain have new restrictions on tourist rentals?

Recently, Rodríguez has criticised that the proliferation of tourist apartments causes problems for locals, that it stops them from being able to access decent housing and raises the price of rentals.

She praised the regions which have taken steps to try and put a stop to this and gave the recent example of Barcelona City Council, which announced last Friday that it would eliminate all tourist apartments by the end of 2028.

She believes this move in Barcelona “will benefit citizens who want to live in their city, who do not want it to be a theme park and who prioritise the right to access housing over economic interests”.

Spain’s Horizontal Property Law , which was modified once in 2019, already states that it “requires a favourable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation quotas”. This means that already owners have a big say in whether tourist licences can be granted to apartments in their buildings.

However, the particular wording of the law has been the subject of much legal controversy and judicial interpretation. The reason is because the wording of the law only mentions the possibility for communities to “limit or condition” tourist use, but they do not have the power to “prohibit” since the law does not expressly say so.

Several regions have their own rulings through regional courts, but this new announcement aims to make it universal across the board in Spain and ensure that there’s no room for misinterpretation.

Rodríguez is set to meet this afternoon with the governing board of the Spanish Federation of Municipalities and Provinces (FEMP) and the Housing and Tourism Commissions to address this matter and come to a decision. 

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