LPH art. 17.12 — Owners' community approval for new VUTs: mandatory from 3 April 2025

From 3 April 2025, article 17.12 of the Horizontal Property Act (LPH), in conjunction with Decree 31/2024 of the Junta de Andalucía, requires any new Tourist Use Property (VUT) located in a building under horizontal property regime to provide documented express approval from the owners' community before registering in the Andalusian Tourism Register (RTA).

Required majority

The resolution must be adopted at a general meeting of owners with the affirmative vote of three-fifths (3/5) of the total number of owners, representing at the same time three-fifths of the participation shares. A simple majority or absolute majority is not sufficient.

Which properties are exempt

VUTs already registered in the Andalusian Tourism Register before 3 April 2025 are retrospectively exempt. They do not need to obtain or present a community resolution to continue operating. The exemption also applies if the VUT was in the process of registration before that date.

Which properties are required to comply

The requirement is mandatory for every VUT whose responsible declaration of activity start is submitted from 3 April 2025 onwards, located in a building under horizontal property regime (owners' community). The following are outside the requirement:

• Single-family properties (individual houses with no owners' community).
• Properties on rural land with no community regime.

How to document the resolution for the Junta

The resolution must be submitted as an attached document in the online responsible declaration through the Junta de Andalucía electronic office. The accepted documents are:

• Certificate of resolution issued by the property manager or community secretary, with a legitimised signature.
• Minutes of the general meeting recording the resolution, with express indication of the voting result (number of votes in favour, against and abstentions, with the corresponding participation shares).

What happens if registration is made without the resolution

Registration in the RTA takes effect immediately upon submission of the responsible declaration, but the Junta de Andalucía may subsequently verify the documentation provided. Since Decree-law 1/2025 came into force, the Regional Tourism Ministry notifies each new registration to the relevant local council. If it is found that the VUT lacks the required community resolution, the Junta may proceed with the ex officio cancellation of the registration, with the resulting administrative and penalty consequences.

The resolution cannot have retroactive effect

The same provision that requires the resolution establishes that community resolutions on VUTs "shall have no retroactive effect". This means that a resolution adopted after a VUT is already registered cannot cancel the existing registration or impose restrictions on someone already operating lawfully. For the reverse case — prohibition resolutions adopted before the owner applies for registration — they are binding for new applications.

Relationship with the 20% surcharge

Article 17.12 LPH regulates two distinct matters that are often confused:

• The enabling resolution: allows or prohibits tourist activity in the building. Requires 3/5. Subject of this entity.
• The 20% surcharge on common expenses: an optional financial penalty for VUTs already operating. Also requires 3/5. Governed by the same article but with specific case law on non-retroactivity.

See the related entity on the 20% surcharge and non-retroactivity (LPH art. 17.12 — Community surcharge) for the detailed case law analysis.