The Truth About Tourist Licenses in Andalusia 2026 – How to Avoid the New Pitfalls

Many dream of buying a property on the Costa del Sol, either as a pure investment or to finance their own holiday home through rentals. But if you are thinking of buying right now, you have probably noticed that there is enormous uncertainty regarding licenses for tourist rentals in the Spanish real estate market.

First and foremost – do you need a license?

The law states that you need it if you are going to rent out the property for commercial purposes and “habitually” (habitualmente), or if you offer it on digital platforms where people can book directly. This means, in short, that if your intention is to sporadically rent out to friends and acquaintances or just every now and then, no license is needed. But if you are going to run it as a business, it is required.

If you want to rent out commercially, there are two changes in norms and laws in recent years to keep in mind.

On the one hand, we have the regional Andalusian decree (Decreto 31/2024), and on the other hand, the comprehensive changes to the national Horizontal Property Law (Ley de Propiedad Horizontal, LPH) from 2025.

The answers you get out there – from friends, real estate agents, and sometimes even lawyers – are often very varied and sometimes directly contradictory. By far the most common questions we get from our clients are: “Is tourist rental allowed in this complex?” or “Does this property have a guaranteed rental license?”.

To clear the fog and give you peace of mind in your property transaction, I have summarized what you need to know:

Scenario 1: Buying a property WITHOUT an existing license

If you have found your dream home, but it currently lacks a license to conduct tourist rentals, you face a challenge. Namely, you must pass two major legal filters. If you fail one of them, there will simply be no license.

“The community’s filter” (LPH 2025): Since April 3, 2025, national legislation has taken a complete turn. Previously, there was a grey area where you could often rent out if the statutes “didn’t say anything”, but that no longer applies. To start a new tourist business in a Spanish community of owners (Comunidad), it is now mandatory to obtain express prior approval from 60 percent of the owners. Without this express yes-vote, the activity is illegal.

“The municipality’s filter” (Decreto Andaluz 31/2024): Even if you are lucky enough that your future neighbors approve your rental, municipalities now have the power to limit tourist housing in specific zones. Cities like Málaga, Seville, and several other coastal municipalities have already established so-called “saturated zones” (zonas saturadas) where the municipality does not allow any more licenses.

Scenario 2: Buying a property WITH an active license

If the property you are looking at is already legally rented out and has an existing license, the playing field changes completely – and this is to your great advantage as a buyer.

The license is “inherited” by the buyer: In Andalusia, the tourist license is tied to the property itself, not to the person who owns it. When you buy the home, you therefore take over this right. The only thing required is that you complete a simple change of ownership (cambio de titularidad) in the Andalusian tourist register (Registro de Turismo de Andalucía).

No permission from neighbors required: The new Law 1/2025 is not retroactive. In plain language, this means that if the property was already conducting legal rentals before April 3, 2025, the neighbors have no legal right to forbid you as the new owner from continuing the activity.

From VFT to VUT: The old name for tourist housing, “Vivienda con Fines Turísticos” (VFT), has now changed to “Vivienda de Uso Turístico” (VUT). This code change happens automatically (for example from VFT/MA/123 to VUT/MA/123), but remember that the new VUT letters must now be used in all your advertisements.

Navigating the Andalusian housing market today requires more care than ever before. Make sure to always hire a reliable real estate agent or an independent legal representative who is fully up to date with the latest changes. This way, you secure your investment and can enjoy the sun and your Spanish adventure without any nasty surprises! Always check that your real estate agent has the right qualifications (GIPE or API) and liability insurance!

Frequently asked questions

Do you need a licence to rent your property to tourists in Andalusia?

You need a tourist licence if you rent the property commercially and habitually, or advertise it on booking platforms. Renting occasionally to friends or acquaintances does not require a licence.

Can you get a tourist licence for a property that doesn’t have one?

Since 3 April 2025 you must pass two filters: express prior approval from 60% of the owners in the community, and the municipality’s rules, as some areas are declared saturated zones where no new licences are granted.

Is the tourist licence transferred when you buy a property that already has one?

Yes. In Andalusia the licence is tied to the property, not the owner. When you buy, you take over the right and only need to complete a change of ownership (cambio de titularidad) in the Registro de Turismo de Andalucía.

Do the neighbours have to approve a rental if the property already had a licence?

No. Law 1/2025 is not retroactive, so if the property was already rented legally before 3 April 2025, the neighbours cannot prevent the new owner from continuing the activity.

What is the difference between VFT and VUT?

The old term Vivienda con Fines Turísticos (VFT) has been renamed Vivienda de Uso Turístico (VUT). The code changes automatically (e.g. VFT/MA/123 to VUT/MA/123), and the new VUT reference must appear in all advertising.