April 3rd is an important date for property owners in Spain, among whom there are a growing number of Poles. This is because significant changes to the law came into force today. They concern, among other things, ‘okupas’, or the illegal occupation of property without the consent of the owners. This does not actually occur on the Costa del Sol, but in regions such as Catalonia its scale is still significant.
The rules for holiday (short-term) rentals, the operation of which is now subject to greater rigour, are also changing. The abolition of the ‘golden visa’, a scheme that allows non-EU citizens to obtain the right to reside in Spain in exchange for making a significant capital investment, also takes effect from today.
Accelerating the fight against “ransomware” and a precedent-setting court ruling
From now on, cases of seizure of property by ‘ransomers’ will be dealt with by the courts in different categories, with faster procedures. This ensures that from the moment the case is brought to court, it will be heard within a maximum of 15 days. In turn, a judgment will be issued within a few days of the hearing.
At the same time, the Audiencia Provincial de Barcelona, the equivalent of the Polish district court, has adopted a landmark criterion. According to it, the disconnection of utilities by the owner of an illegally occupied property will not be recognised (as before) as a crime of coercion. This is in line with efforts to increase protection against ‘ransomas’ in Spain. If the Supreme Court upholds this approach, flat and house owners will gain another tool to protect their property.
– The amendment of the ‘ransomware’ legislation comes as a bit of a surprise, but in a positive sense that it has finally happened. Earlier information did not indicate that the legislation could be amended, meanwhile it has just taken place. Particularly important is the speeding up of procedures and processing of cases by the courts. It is true that the phenomenon of ‘ransomas’ does not practically affect Marbella and the Costa del Sol, but from the point of view of the entire property market, this is very important. Let us remember, however, that still reporting a violation of property within 48 hours allows the police to act immediately and release the property – says Agnieszka Marciniak-Kostrzewa – founder of Agnes Inversiones – the largest, oldest and most recognisable Polish real estate agency on the Costa del Sol.
More information:
Everything you wanted to know about ‘ransoms’ in Spain [LEGAL ANALYSIS]
How have the regulations on holiday rentals in Spain changed?
Spain is abolishing „golden visas”. What does this mean?
Change in short-term rental rules
The second of the legislative changes is the new rules for holiday rentals. Landlords of properties intended for short-term rentals will now have to obtain the consent of the respective community of residents, and a 3/5 majority vote will be required to obtain this consent. If the statutes of the community do not prohibit rentals, the decision will depend on a vote of the residents. Of course, we are talking about properties that meet the criteria required, for example, by the Junta de Andalucia (Government of Andalusia) for a property to be able to obtain a tourism licence, and are located in a neighbourhood where the city does not prohibit rentals by a top-down decision.
The consequence of short-term renting of a property without the community’s consent will be – in the first instance – a summons by the community president or a neighbour to stop such activity. Sanctions are possible in the event of further violations, and the financial penalties for unauthorised renting will range – depending on the region – from €30,000 to €600,000.
The community can also impose additional charges on landlords renting to tourists, increasing the cost of living by up to 20%. However, landlords who already had registered tourist flats before 3 April 2025 will not need to obtain new approval. As a result, the price of registered holiday flats is expected to rise, as their limited supply will certainly translate into short-term rental prices.
More information:
Everything you wanted to know about ‘ransoms’ in Spain [LEGAL ANALYSIS]
How have the regulations on holiday rentals in Spain changed?
Spain is abolishing „golden visas”. What does this mean?
End of ‘golden visas’ in Spain
This change does not affect Poles; in fact, it increases the chances of our compatriots acquiring attractive properties on the Iberian Peninsula. This is because today the “golden visas”, i.e. residence permits for investors from outside the European Union for, among others, houses or flats in Spain, are no longer valid. This change will mainly affect the British, who have been the leading buyers of local property for years.
“Golden visas” were introduced in Spain in 2013. The aim of the scheme was to attract foreign investment and increase revenue to the country’s budget. Non-EU nationals who bought property worth a minimum of €500,000 could obtain the right to stay in Spain for three years. The programme also covered other forms of investment, such as the purchase of Spanish securities, bank deposits of more than €1 million and investments in Spanish companies.
In November 2024, the Congress of Deputies approved a bill that abolishes the golden visa regulations. Once approved by the Senate, they will enter into force from 3 April. This is because the scheme has been controversial, particularly in the context of property prices and the housing market situation. There have also been calls at the European level to end such programmes, pointing out the risks to the security and transparency of the property market.
More information:
Everything you wanted to know about ‘ransoms’ in Spain [LEGAL ANALYSIS]
How have the regulations on holiday rentals in Spain changed?
Spain is abolishing „golden visas”. What does this mean?
