Tourist Rental Pressure Builds: Madrid Tightens Rules as 3,053 Properties Deregistered in 2025

The decree approved by the regional government on 25 March 2026 amends the rules governing apartamentos turísticos (tourist apartments) and VUTs across the Comunidad de Madrid. The key changes include explicit requirements for bed linen, bathroom linen, tableware, cutlery, glassware, and kitchen utensils—items many properties already had, but which are now legally enforceable during inspections. The decree also sets minimum room sizes and maximum occupancy limits for the first time. Properties must now obtain a CIVUT—certificado de idoneidad para vivienda de uso turístico (certificate of suitability for tourist rental property)—issued by a qualified technician who verifies on-site compliance with heating, ventilation, fire safety, and other standards. Critically, the responsibility for filing the declaración responsable (responsible declaration to start the activity) now rests with the activity operator, not the property owner, clarifying a point previously annulled by courts. Tourist rental is now expressly prohibited in VPO (viviendas de protección oficial—social housing) and in any building where the community of owners votes to ban it. Finally, ayuntamientos (municipal councils) are granted explicit authority to set maximum numbers of VUTs per building, area, or zone through urban planning ordinances.

The new decree follows a plan of reinforced control launched in the second half of 2024. In 2025, the Comunidad de Madrid carried out 588 inspections, up from 481 in 2024—a 22.3% increase. Of those 2025 inspections, 85.71% ended in a sanction (in 2024, the rate was 90%). Over the two-year period 2024–2025, approximately 500,000 euros in fines were imposed. The most dramatic figure is the surge in deregistrations: 3,053 VUTs were removed from the register in 2025, compared to 1,153 in 2024—a 164.8% rise. A further 341 deregistrations occurred in the first two months of 2026 alone. According to INE (Instituto Nacional de Estadística) data from November 2025, the total number of VUTs in the Madrid region stood at 15,309, down 17.5% from the May 2025 peak. In Madrid Centro specifically, 5.9% of the housing stock is now classified as VUT. The message from the regional administration is unambiguous: non-compliance will be detected, sanctioned, and closed down.

Madrid is one of Spain's top markets for foreign property buyers, and many purchase with tourist rental income in mind. The new decree and enforcement trend add significant complexity and risk. First, if you are buying a property currently operating as a VUT, verify that it holds a valid CIVUT certificate and is properly registered—the CIVUT, introduced in earlier regional regulation, is now explicitly required across the region under the 2026 decree. Second, understand that tourist rental status is no longer stable: the decree is part of a nationwide pattern of tightening controls, following similar moves in Valencia, Catalonia, and the Balearics. Even if a property has a valid licence today, the community of owners can vote (by a 3/5 majority, under the April 2025 Ley de Propiedad Horizontal reform) to prohibit new or existing tourist rentals in the building. Third, ayuntamientos may introduce caps on VUTs in specific areas—central Madrid is already heavily regulated under the municipal Plan Reside, approved in August 2025, which prohibits tourist rentals in residential buildings in the historic centre (the barrios of Sol, Palacio, Cortes, Embajadores, Justicia, Universidad, La Latina, Huertas, and parts of Arganzuela) unless the entire building is dedicated to tourist use. Outside the historic centre, tourist rentals in residential buildings require independent street-level access and are limited to ground and first floors. Do not assume that the presence of existing VUTs in a building or neighbourhood guarantees you will be able to operate one yourself. The regulatory window is closing fast.

Two elements now define whether a property can legally operate as a tourist rental in Madrid: technical compliance and community consent. The CIVUT certifies the former—heating, ventilation, fire extinguisher, emergency signage, and minimum room size. Without it, you cannot legally file a declaración responsable or advertise on Airbnb or Booking.com. Community consent, governed by the April 2025 national reform to the Ley de Propiedad Horizontal, is equally critical. Since 3 April 2025, any owner wishing to start a new tourist rental activity must obtain approval from at least three-fifths of the community of owners (representing three-fifths of ownership shares). Existing licences granted before that date are generally protected, but new entrants face a high bar. In practice, this means that even a property with a CIVUT, meeting all technical standards, and located in a permitted zone may still be blocked by a community vote. Foreign buyers must therefore request not only the property's CIVUT and registration documents, but also the actas (minutes) of recent community meetings to understand whether a ban has been voted or is under discussion.

If you are considering purchasing property in Madrid with tourist rental in mind, take the following steps. First, instruct your lawyer to verify the property's tourist rental status: is it currently registered as a VUT? Does it have a valid CIVUT? Has the community of owners voted to prohibit tourist rentals? Second, do not rely on the seller's assurances—request documentary proof, including the CIVUT certificate, the declaración responsable receipt, and recent community meeting minutes. Third, understand the zoning: under Madrid's Plan Reside, tourist rentals are banned in residential buildings in the historic centre — specifically the barrios of Sol, Palacio, Cortes, Embajadores, Justicia, Universidad, La Latina, Huertas and parts of Arganzuela — unless the entire building is dedicated to tourist use. Outside the historic centre, independent street-level access from the public road is required (no shared portal, stairs or lift with residents), and only ground or first-floor units qualify. Fourth, factor in the compliance cost: obtaining a CIVUT requires a qualified technician and involves additional cost, alongside any required upgrades to ventilation, fire safety or furnishings. Finally, remember that the market is moving against tourist rentals nationwide—what is permitted today may be restricted or prohibited tomorrow. If rental income is critical to your investment case, stress-test your assumptions against the possibility of a future ban.