Tourist Apartments in Catalan Communities 2026: How to Ban Them, Regulations and Owner Rights
Direct answer: a Catalan homeowners community CAN ban tourist apartments (HUTs) in its bylaws, but it requires a vote in favour from 4/5 of the ownership shares (Art. 553-25 of the Civil Code of Catalonia) and registration at the Land Registry. Existing HUT licences at the time of approval retain acquired rights and cannot be revoked retroactively. In this article you will find the complete legal framework, the step-by-step process, what you can and cannot do, and how IgeraFincas helps property managers handle this increasingly common conflict.
Definition: Tourist-Use Dwelling (HUT) in Catalonia
Under Decree 75/2020, of 4 August (amending Decree 159/2012 on tourist accommodation establishments and tourist-use dwellings), a HUT is a dwelling repeatedly rented in exchange for economic consideration for tourist stays, for a maximum period of 31 days and a maximum of 15 places. The licence is issued by the General Directorate of Tourism of the Government of Catalonia and is mandatory to operate legally.
34%
Of homeowners communities in Barcelona have at least 1 registered HUT — Barcelona City Council, 2024
Can a homeowners community ban tourist apartments?
A Catalan homeowners community can ban tourist-use dwellings (HUTs) in its bylaws by a vote of 4/5 of the ownership shares, as set out in Article 553-25 of the Civil Code of Catalonia (CCCat), provided the ban is registered at the Land Registry to be enforceable against future buyers. Without Land Registry registration, the amendment applies to current owners but does not bind new owners who purchase a flat after the vote.
It is important to distinguish two common situations: a community that wants to prevent future HUTs (simpler — a vote and registration suffice) and one that wants to eliminate existing HUTs with a valid licence (not possible retroactively; the community must wait for licences to expire or be revoked by the authorities). IgeraFincas allows the property manager to determine which situation applies before calling the meeting.
How to approve a ban on tourist apartments at the community meeting: 5 steps
Check whether any registered HUTs exist in the building
Before calling the meeting, check the Catalan Tourism Registry to see whether any flat in the building holds a valid HUT licence. If a licence exists, the ban will not affect that unit immediately (acquired rights). Knowing this in advance is essential to manage the expectations of owners who support the ban.
Include the specific item on the meeting agenda
The meeting notice must include exactly: "Amendment of the community bylaws to prohibit the use of dwellings as tourist-use dwellings (HUT)". A generic item such as "community matters" is not sufficient and may invalidate the resolution if challenged.
Approve by 4/5 of ownership shares (not by headcount)
The count is by ownership quota, not by number of owners. An owner of a penthouse with a 0.15 coefficient carries more weight than two studio owners at 0.04 each. The secretary must calculate and record the exact percentage of shares in favour in the minutes.
Execute a notarial deed
The bylaw amendment must be formalised as a public deed before a notary. The president, or the property manager duly authorised, appears before the notary with the certified meeting minutes. The approximate cost of the deed is €200–400 depending on the notary and complexity of the document.
Register the amendment at the Land Registry
The deed is submitted to the relevant Land Registry. Once registered, the ban appears in the bylaws that any buyer consults when purchasing a flat in the building. From that point on, no new owner can claim ignorance of the restriction. Average registration time is 2–4 weeks.
Current regulations 2026: Decree 75/2020 and containment zones in Barcelona
The regulatory framework for tourist-use dwellings in Catalonia in 2026 rests on three main pillars: Decree 75/2020, the Civil Code of Catalonia and Barcelona's municipal regulations. Understanding them is essential for any property manager handling communities with HUTs.
Decree 75/2020, of 4 August
Amends Decree 159/2012 and establishes that homeowners communities may include in their bylaws an express ban on the use of dwellings as HUTs. It also regulates licence requirements: a valid certificate of habitability, an HUT registration number visible in all listings, and a maximum of 15 places per dwelling.
Art. 553-25 Civil Code of Catalonia — 4/5 qualified majority
Amendment of community bylaws to include restrictions or prohibitions of use requires the affirmative vote of 4/5 of the ownership shares. Unanimity is not required, but the very high qualified majority protects the rights of minority owners.
Law 18/2020 — Moratorium on new HUT licences in Barcelona
Law 18/2020 on the facilitation of economic activity allows municipalities to designate containment zones where new HUT licences are suspended. Barcelona applies this to 67 areas (most of Eixample, Gràcia, Sarrià-Sant Gervasi and Ciutat Vella). In containment zones, it has been practically impossible to obtain a new HUT licence since 2021.
When the community CANNOT retroactively ban HUTs
The principle of acquired rights limits the scope of any bylaw amendment. If a dwelling holds a valid HUT licence at the time the community votes to introduce the ban, the bylaw change does not compel that owner to cease the activity. They may continue operating until the licence expires, is not renewed, or is revoked by the Catalan Government for non-compliance with tourism regulations.
However, the community can regulate existing HUTs through the internal rules of coexistence: access hours for common areas, noise limits, cleanliness standards for shared spaces, prohibition on using communal parking, etc. These rules require only a simple majority, not the 4/5 qualified majority, and apply immediately to all owners, including those with valid HUT licences.
| Factor | HUT (tourist flat) | Standard rental (>31 days) |
|---|---|---|
| Occupant turnover | High (daily or weekly) | Low (stay >1 month) |
| Noise and disruption | Higher risk (groups, late hours) | Similar to long-term resident |
| Liability for common-area damage | HUT owner | Owner or tenant |
| Mandatory insurance | Yes (tourism RC required) | Not required by law |
IgeraFincas — Real consultation simulation
👤 Community president
Can we ban tourist flats in our community? We have 3 HUTs and the neighbours are very unhappy about the noise.
🤖 IgeraFincas
You can ban future HUTs by amending your bylaws with a 4/5 majority of ownership shares (Art. 553-25 CCCat + Decree 75/2020). You need to call a meeting with this specific agenda item, achieve 80% of shares in favour, execute a notarial deed and register it at the Land Registry. Important: the 3 existing HUTs with valid licences will not be affected retroactively. You can, however, pass house rules (noise limits, access hours) by simple majority that apply to everyone immediately. Would you like me to draft the agenda item for the meeting?
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Does your community have conflicts with tourist flats?
IgeraFincas explains owners' rights and the legal process in 3 seconds, citing Art. 553-25 CCCat and Decree 75/2020.
Try IgeraFincas free3 key points on tourist flats and homeowners communities
- A ban is possible, but requires 4/5 of ownership shares and Land Registry registration: without registration the ban does not bind future buyers.
- Existing licences are not extinguished by a bylaw amendment: acquired rights apply. The ban affects new HUTs, not those already operating legally.
- House rules on coexistence (noise, hours) apply to existing HUTs by simple majority and are the fastest, most effective tool to improve the situation immediately.
Frequently asked questions: tourist flats in Catalan communities (2026)
What majority is needed to ban tourist apartments in a homeowners community?
A vote in favour of 4/5 of the community's ownership shares is required, as established by Article 553-25 of the Civil Code of Catalonia. This is not unanimity (5/5), but a very high qualified majority. The count is based on ownership coefficients, not head count: an owner with a large commercial unit has more weight than three studio apartment owners combined.
Does the ban affect tourist flats with existing licences?
No. A bylaw amendment cannot retroactively remove acquired rights. HUTs that already had a valid licence when the community approved the ban may continue operating until the licence expires, is not renewed, or is revoked by the Catalan Government for non-compliance with tourism regulations. The ban is effective for new licences going forward.
What happens if an owner runs a HUT without a licence?
Operating a HUT without a licence is illegal and can be reported to the Catalan General Directorate of Tourism and to the local council. The community can file a collective complaint, which carries more weight than individual reports. Penalties for owners can reach €30,000 and include the immediate cessation of the tourist activity.
Can the community restrict HUT guests' use of common areas?
Yes, with nuance. The community can set house rules on the use of common areas (pool, gym, meeting room) that apply to all users, including HUT guests. What it cannot do is discriminate against tourist guests compared to long-term tenants under the same conditions of use. Restrictions must be objective and applied equally to everyone.
What is the 4/5 qualified majority and how is it calculated in practice?
The 4/5 (80%) is calculated on the total ownership shares of all owners in the community, whether or not they are present at the meeting. For example, if the community has 20 flats each with a 5% coefficient, favourable votes totalling at least 80% of the total coefficient are needed (not 80% of those attending). It is common to vote at the meeting and then obtain the subsequent adhesion of absent owners by letter.
Can IgeraFincas help manage conflicts over tourist flats?
Yes. IgeraFincas allows owners and the community president to consult the applicable regulations directly (Art. 553-25 CCCat, Decree 75/2020) and receive a response with the exact article citation. The property manager can use IgeraFincas to draft the meeting agenda, calculate the required ownership coefficient and track the process through to Land Registry registration.
Managing tourist flats is one of the most common conflicts in homeowners communities across Catalonia's major cities. The key is to act with the correct legal framework: the 4/5 majority is demanding but achievable when the property manager calls the meeting correctly and clearly explains the process to owners. Three things to keep in mind before moving forward: first, verify whether any licensed HUTs already exist to understand the real scope of the ban; second, draft the agenda item with the precise legal wording to avoid challenges; and third, always register the amendment at the Land Registry, because without registration the ban is unenforceable against third parties. IgeraFincas supports the property manager at every step, from the initial consultation through to post-meeting follow-up.
Published: June 2026 | Author: Gerard Maymó, CEO IgeraSolutions | Sources: Decree 75/2020; Civil Code of Catalonia Art. 553-25; Law 18/2020; Barcelona City Council 2024 | IgeraFincas — try free for 14 days.