Holiday rental in a building with neighbours: can the owners' association ban it? Spain, Portugal, Italy and Greece (2026)

Updated: 9 November 2026

If your holiday rental is in a building with neighbours, the owners' association has a big say. In some countries it can veto it; in others only in certain cases. This is what we checked in official gazettes, court websites and government pages (links at the end). This is not legal advice: where we could not confirm something we say so, and you should check it with your lawyer or building manager.

Spain: since 3-4-2025 you need the association's yes

Organic Law 1/2025 amended the Horizontal Property Act. According to the consolidated text in the BOE:

Art. 7.3: before starting a holiday rental (vivienda de uso turístico) you need the express approval of the owners' association. This applies from 3 April 2025.
If it runs without approval, the president can demand that it stop and, if it does not, go to court (the injunction procedure in art. 7.2).
Art. 17.12: approving, limiting, conditioning or banning the activity needs a yes vote from 3/5 of all owners who also hold 3/5 of the participation shares.
With the same majority, the association can set special fees or raise your share of common costs by up to 20%.
These resolutions do not apply retroactively.

Spain: what if your rental already existed?

The Act's second additional provision says that if you were already operating and had registered under the tourism rules before 3-4-2025, you may continue under the conditions and time limits of those rules.
The Supreme Court (full chamber, October 2024, on the earlier 2019 wording) held that an association can ban holiday rentals by 3/5: «limit» also covers banning.
In December 2023 the Supreme Court held that holiday letting is an economic activity. If the statutes already expressly ban economic activities, the ban stands. Restrictions must be clear, precise and express.
How a new 3/5 resolution affects a rental that was already operating: we have not confirmed this in a ruling. Ask your lawyer.

Andalusia: what Decree 28/2016 adds

The regional government's consolidated text (amended up to Decree-Law 1/2025) says:

Art. 1.3 b): a home cannot be a holiday rental if the building's founding title or statutes expressly ban tourist accommodation.
Art. 9.1 g): in your responsible declaration you state that it is not banned and that the association has expressly authorised it where national law requires it.
Art. 6.2 d): you must tell guests the building's house rules (restricted areas, pets, rubbish).

Portugal: the condominium can ban it going forward

Decree-Law 128/2014, as amended by Decree-Law 76/2024 (in force since 1-11-2024), says:

Art. 6-B: the founding title or the condominium rules may ban local accommodation. If they do not, using a flat for it is not a use different from its purpose.
Banning it later takes a resolution of 2/3 of the building's permilage. It only applies going forward: to registrations requested after the resolution.
Art. 9: if there is repeated and proven disturbance, the assembly can object with more than half of the permilage and a reasoned resolution. The mayor (câmara municipal) decides.
The municipality may propose an agreement between the parties (with a local accommodation ombudsman, if there is one), within 60 days.
If it cancels the registration, the activity stops immediately, after a prior hearing. The property cannot be used for local accommodation for the period set in the decision, up to 5 years.
Art. 20-A: the condominium may charge an extra contribution for use of common parts, up to 30% of the annual fee.
Hostels in residential buildings: you need assembly minutes authorising it.

Italy: it depends on the building rules

According to the Corte di Cassazione's 2023 case-law review, condominium rules can ban or limit the use of private flats. As reciprocal servitudes, they must be written clearly (Cass. Sez. 2, no. 15222/2023).
That review does not mention B&Bs or short-term rentals.
What majority is needed, which type of rules (contractual or adopted by the assembly) and whether they must be registered: we have not confirmed this in an official source. Ask your lawyer or building manager.

Greece: we found no rule in the law

Law 5170/2025 (art. 3) sets safety and insurance requirements for short-term rentals, but does not mention building rules or the owners' assembly.
Whether the building regulation (κανονισμός πολυκατοικίας) can ban it: we have not confirmed this. Check yours with a lawyer.

10-minute check

Find your building's statutes or rules and check whether they ban economic activities or tourist use.
In Spain, if you started after 3-4-2025, keep the minutes with the 3/5 approval.
In Andalusia, check what you signed in your responsible declaration.
In Portugal, ask the manager for recent minutes: is there a 2/3 or objection resolution?
Talk to your neighbours before complaints start: clear house rules for guests prevent conflict.

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Frequently asked questions

What majority does a Spanish owners' association need to approve or ban a holiday rental?

3/5 of all owners holding 3/5 of the participation shares (art. 17.12 of the Horizontal Property Act).

Can I continue if my holiday rental was already operating before 3-4-2025?

The law lets you continue if you had registered under the tourism rules before that date (second additional provision). How a later association resolution affects you we have not confirmed: ask your lawyer.

Can a Portuguese condominium close a local accommodation?

It can object to repeated disturbance with more than half of the permilage, but the municipality decides (art. 9 of Decree-Law 128/2014). Banning it in the rules takes 2/3 and only applies going forward.

Sources

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