The April 2025 amendment to the Ley de Propiedad Horizontal introduced a 3/5 community-vote requirement for new VUT applications in community buildings across Andalucía. The rule is the same everywhere — but the way it's being enforced and how communities are voting varies significantly by city. Here's the network view.
The rule itself, briefly
Since April 2025, a new VUT application in a community-of-owners building requires a 3/5 majority vote of co-owners in favour of permitting short-term rental use. The rule applies only to new applications. Existing VUTs granted before April 2025 are grandfathered and continue under the previous regime, regardless of how a community votes today.
The rule does not apply to detached villas or single-family homes outside community-of-owners structures.
Marbella is the most restrictive
Marbella has the most aggressive enforcement environment for new community-building VUTs. Many gated developments in residential-led communities have voted against permitting new short-stay rentals. The result is a moving register: some buildings remain open to new applications, others have closed the door, and a third group has not yet voted. We keep an internal record of the developments we work in.
For investors considering Marbella property purchases, the community vote situation in the specific building has become as important to verify as the property's price or condition. We check before making any commitment.
Mijas is the next-strictest enforcer
Mijas municipality is among the strictest enforcers of the 3/5 community vote requirement. Coastal urbanisations like Riviera del Sol and Calahonda show mixed outcomes — some complexes with established VUT precedents continue to vote in favour, others (often newer or more residential-leaning) have voted against. The golf belt around Mijas Golf and La Cala Golf tends toward favourable votes because short-stay was part of the original development's positioning.
Estepona — case-by-case, particularly old town
Estepona doesn't have a blanket municipal posture; the vote outcomes are case-by-case. The pressure points are specific old-town streets where the ayuntamiento has been declining or delaying new applications regardless of community vote — adding a second filter on top of the rule. New Golden Mile resort properties tend to face fewer complications.
Málaga city — moratorium first, vote second
Málaga's three-year moratorium on new VUT licences makes the community-vote rule a future concern there. Inside the city limits, no new VUT can be granted during the moratorium, irrespective of community vote outcomes. The vote rule becomes relevant when (and if) the moratorium ends and new applications resume.
Fuengirola, Torremolinos, Benalmádena — generally workable
In these municipalities, the community-vote rule applies but most established blocks where short-stay rental has historical precedent tend to vote in favour when the question comes up. Newer or quieter residential developments sometimes go the other way. We check the specific building's vote history before accepting a property, but the licence path is generally workable for properties with reasonable rental backgrounds.
Benahavís — villas mostly exempt
Benahavís is largely villa-led, and detached villas aren't affected by the 3/5 vote rule because they aren't part of community-of-owners structures. Resort condos in places like La Quinta and Los Arqueros are subject to the rule, but most have voted in favour because short-stay was part of the original development's pitch.
The practical takeaway
Across the network, the community-vote rule is a real factor for new applications in community buildings, with significantly varying impact by city. For grandfathered existing VUTs, none of this is disturbing. For new applications, the building's vote history matters more than people realise — and it matters most acutely in Marbella, Mijas, and parts of Estepona.
The discovery call is where we walk through what the rule means for a specific property, not as a generic policy summary. Each city, each building, each application has its own answer.
