Tourist apartment in commercial premises Valencia: you need the vote of 3/5 neighbors

Key data

If you have a commercial premises and want to convert it into a tourist apartment, it is no longer enough to obtain the municipal license or register in the autonomous Tourism Registry. The Resolution of March 4, 2026 from the General Directorate of Legal Security and Public Faith confirms that the Property Registry can—and must—suspend the registration if the agreement of the community of neighbors is not accredited in accordance with art. 7.3 of the Horizontal Property Law (LPH), modified by LO 1/2025.

The case resolved affects a commercial premises in Valencia: the owner attempted to register the declaration of new construction and the change of use to tourist housing, but the registrar suspended the registration. The appeal was dismissed, consolidating a doctrine that affects all of Spain.

What does this regulation establish?

The resolution sets three requirements that must be met simultaneously to register the change of use of a commercial premises to tourist housing in the Property Registry:

A critical point that the resolution emphasizes: LO 1/2025 applies to any registration procedure after April 3, 2025, even if the urban planning license had been granted before that date. In other words, having an old license does not exempt you from complying with the new requirement of the community of owners.

Economic and operational impact

The impact is not only legal: it has direct economic consequences for those who have invested in the renovation of a commercial premises with the intention of operating it as a tourist accommodation.

• Stalled investment: If you have already renovated the premises and do not obtain the agreement of 3/5, you will not be able to register the change of use or legally operate as a tourist accommodation.
• Tourism certificate invalid if obtained before the works are completed: The resolution expressly rejects the certificate from the Valencian Tourism Registry for having been issued before the works were completed. Obtaining it at that time has no registration value.
• Risk of double procedure: Owners who believed they had everything in order (license + tourism certificate) discover that the Registry requires a third requirement: the neighborhood agreement.
• Opportunity cost: Each month without registration is a month without being able to legally rent the property as a tourist apartment, with the resulting loss of income.

Who does it affect?

• Owners of commercial premises on the ground floor of buildings under horizontal property regime who wish to convert them into tourist apartments.
• Owners of dwellings in communities who intend to allocate them for tourist use and need to register that change in the Registry.
• Real estate developers and investors who have purchased commercial premises with the plan to operate them as tourist accommodation.
• Legal advisors and managers who process changes of use before the Property Registry.
• Any owner in any autonomous community who processes the registration after April 3, 2025, since LO 1/2025 is of state-wide application.

Practical example

Imagine that in January 2025 you obtained a municipal license to change the use of your commercial premises in Valencia to tourist housing. You renovate the premises, and in March 2025—before the works are completed—you register in the Tourism Registry of the Valencian Community. In May 2025 you submit the declaration of new construction and the change of use to the Property Registry.

Result: the registrar suspends the registration for three reasons:

1. You do not provide the agreement of 3/5 of owners and fees of the community (required by art. 7.3 LPH as of April 3, 2025).
2. The certificate from the Valencian Tourism Registry is invalid because you obtained it before the works were completed.
3. You do not submit the responsible declaration of first occupation.

Although you appeal arguing that your license is prior to LO 1/2025, the General Directorate dismisses the appeal: what matters is the date of the registration procedure, not the date of the license. You must convene an owners' meeting, obtain the favorable vote of at least 3/5 of owners and fees, complete the works, then obtain the tourism certificate and submit the declaration of first occupation.

What should owners do now?

1. Verify if you have the community agreement: Check if your community minutes contain the approval of tourist use with the favorable vote of at least 3/5 of owners and 3/5 of participation fees. Without that document, the Registry will suspend the registration.
2. Convene an extraordinary meeting if you do not have that agreement: Include in the agenda the express authorization of tourist use of the property in accordance with art. 7.3 LPH. Document the result with a notarial deed or certified by the secretary.
3. Do not request the Tourism Registry certificate until the works are completed: The resolution makes clear that a certificate obtained before the works are completed lacks registration validity.
4. Obtain the responsible declaration of first occupation: It is an independent requirement that must accompany the registration documentation.
5. Review the status of your file if you already have a license prior to April 3, 2025: The date of the license does not exempt you. What counts is when you submit the procedure to the Registry.
6. Consult with a lawyer specializing in horizontal property before starting or resuming the process, especially if you have already invested in the renovation.

Official source

Consult complete regulation in official source

Notice: This article is merely informative in nature and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-13166