Since late April 2026, every tourist-use dwelling in the Madrid region has new requirements for floor area, equipment and occupancy. You have three years to adapt — unless you carry out a substantial refurbishment before then, in which case it applies immediately. And two changes that are not about square metres matter more: the residents' association has to approve the activity expressly, and the person who signs the responsible declaration is the operator, not the owner.
Which rule this is and when it applies
We are talking about Decree 27/2026, of 25 March, of the Governing Council, which amends Decree 79/2014 regulating tourist apartments and tourist-use dwellings in the Community of Madrid. It was published in the BOCM of 6 April 2026 and came into force twenty days later.
This is not administrative whim: much of the decree exists to comply with rulings of the High Court of Justice of Madrid that had annulled articles of the previous text. The rest are new quality requirements for the accommodation.
The square metres the region now requires
These are the minimum usable areas each room of a tourist-use dwelling must meet:
| Room | Minimum usable area |
|---|---|
| Bedroom | 12 m² |
| Living-dining room | 10 m² |
| Living-dining room with integrated kitchen | 14 m² |
| Kitchen | 5 m² |
| Bathroom | 1.5 m² |
The bathroom also needs a minimum height of 2.20 metres from floor to ceiling, plus a bath or shower, washbasin and toilet. The bedroom must have two single beds of 0.9 × 1.9 metres or one double of 1.35 × 1.9, bedside tables, chairs or armchairs and a wardrobe.
The kitchen requires built-in units with an extractor hood, a hob with two or more rings, an oven, a sink and a fridge. The washing machine and the space for waste may go in the kitchen or in adjacent auxiliary areas.
An easily overlooked requirement: bedrooms and living room need adequate lighting and ventilation and some form of temporary blackout that completely blocks incoming light. A blind that lets daylight through does not comply.
How many people you can accommodate
This is the rule that will most affect your listing, because it directly changes how many places you can advertise:
- Between 25.5 and 40 m² usable: up to 4 people, spread across at least two habitable rooms.
- For every additional 12 m² usable, in at least one further habitable room, you may add 2 more people.
- Two convertible places are allowed in the living room if the area and layout permit — and they do count towards the maximum occupancy.
Put another way: the sofa bed is not a free place. If you advertise six guests in a flat the rules cap at four, you have a mismatch between the listing and the responsible declaration that is among the easiest things to spot in an inspection.
The CIVUT: what it actually certifies
The suitability certificate for tourist-use dwellings is issued after an on-site inspection and certifies seven specific requirements:
- Heating and a supply of cold and hot sanitary water
- Lighting, ventilation and a blackout system in bedrooms and living-dining room
- Adequate lighting and ventilation in the kitchen
- Natural, ducted or forced ventilation in the bathrooms
- A hand-held fire extinguisher within fifteen metres of the exit door
- Basic emergency signage indicating the exit
- An evacuation plan of the building and the dwelling in a visible place
The decree specifies exactly where that plan goes: on the door of the dwelling. And the CIVUT must be available to guests.
A detail that saves money: the High Court of Justice of Madrid annulled the requirement that only architects or technical architects could sign the CIVUT, on the grounds that it unjustifiably restricted other professionals. Any competent qualified technician may issue it.
The residents' association now has to approve it
This is the most important change in Madrid this year, and it does not come from the decree but from two places at once.
The Organic Law 1/2025, of 2 January added a paragraph 3 to article 7 of the Horizontal Property Act: an owner who puts the dwelling on the tourist market must obtain the express approval of the residents' association. And the Supreme Court, in judgments 1232/2024 and 1233/2024 of 3 October, confirmed that associations may prohibit the activity by a vote of three fifths of owners and shares.
The resolution approving, limiting, conditioning or prohibiting the activity has no retroactive effect. If you were already operating, it cannot be applied to you retrospectively.
In practice, the responsible declaration now requires you to state two separate certificates: that the constitutive title or the statutes do not prohibit the activity, and that the association has approved your request.
Who signs: the operator, not the owner
Until now the responsible declaration was filed by the owner. The High Court of Justice of Madrid annulled this in 2021, holding it unjustified when the owner is not the one providing the service, and the decree reflects it: it is filed by the holder of the tourist accommodation activity.
If you own the flat but another company manages it, that company declares and that company answers for it. And where the operator changes, the new operator is responsible for filing their own declaration.
All procedures also become exclusively electronic, through the Community of Madrid's electronic office.
Three rules almost nobody knows
If the entire block is yours, the rules change
If 100% of the dwellings in a building or stairwell belong to the same operator, the rules for tourist apartments apply — stricter than those for tourist-use dwellings.
An absolute ban
No dwelling under a public protection scheme in the Community of Madrid may be used for tourist accommodation.
They can cap by area
Town halls may set a maximum number of tourist-use dwellings per building, area, zone, sector or even by periods.
Why this is serious
The amendment forms part of the enforcement plan launched in the second half of 2024. These are the official figures from the Community of Madrid:
| Action | 2024 | 2025 |
|---|---|---|
| Tourist-use dwellings deregistered | 1.153 | 3.053 |
| Inspections carried out | 481 | 588 |
| Inspections ending in a sanction | 90% | 85,71% |
Deregistrations grew by 164,8% year on year, and in the first two months of 2026 a further 341 dwellingswere deregistered. The region has imposed around half a million euros in fines over two financial years.
According to the national statistics office there are around 15,309 tourist-use dwellings left in the Community of Madrid, 17.5% fewer than in the 2025 measurements. They account for 0.52% of the housing stock: Madrid is the tourist region where they weigh least.
Frequently asked questions
Do I have to refurbish now?
No. The transitional provision gives three years from entry into force to adapt to the floor-area and equipment requirements. But there is an important exception: if you carry out a substantial refurbishment of the installations before that deadline, the decree applies to you immediately.
Can I request a waiver if my flat falls short on square metres?
Yes. The regional tourism authority may waive requirements on duly documented technical grounds, subject to two limits: the reduction in area cannot exceed 15%, and it can only affect fewer than half of the rooms or bathrooms. It is requested on a standard form and before filing the responsible declaration.
What if the residents' association had already banned the activity?
The resolution has no retroactive effect, so it does not affect anyone already operating. For a new activity, you do need express approval.
Do I also need the national registration number?
Yes, if you market through online platforms. It is a separate procedure before the Association of Registrars, via the Land Registry, and it does not replace the responsible declaration before the Community of Madrid.
What if my flat is in Barcelona?
None of this applies: these are Madrid rules. Barcelona has its own register and its own number, the NIRTC.
How long does the administration take to reply?
The maximum period for notifying a waiver decision, or one declaring that the activity cannot continue, is six months.
Please note. This guide is indicative and is based on Decree 27/2026 as published in the BOCM and on official Community of Madrid information on the date of updating. Municipal rules change and each town hall applies its own conditions: always confirm your specific case with the town hall where the property is located before making decisions. It does not constitute legal advice.
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