Changes to Holiday Rental Laws in Spain 2025

Changes to Holiday Rental Laws in Spain 2025: What Property Owners Need to Know

If you own a property on the Costa Del Sol and rent it out for holiday lets, or are thinking of doing so, there have been some recent changes to the law that you need to be aware of. These updates affect licensing, how communities can regulate holiday rentals, and what responsibilities fall to owners. Here’s what you need to know – explained simply, without the jargon.

First, a reminder: what counts as a holiday rental?

A holiday rental (also called a VFT – Vivienda con Fines Turísticos) is when you rent out your property for short stays, typically through platforms like Airbnb or Booking.com. These are different to long-term rentals, and the rules are tighter.

So what’s changed?

1. Licensing rules are stricter

If you want to rent out your property for short stays, you must have a valid tourist licence issued by the Andalucian government. This isn’t new, but what is new is that the process is becoming more thorough. Municipalities now have more power to reject applications if the property doesn’t meet the right criteria – like safety, accessibility, or zoning regulations.

If you already have a licence, don’t panic – you’re not losing it. But if you’re applying now or making changes to your property, expect a closer look.

2. Communities of owners can now say "no"

The law now gives communities (i.e. apartment buildings or urbanisations with multiple owners) the right to limit or ban holiday rentals. They need a three-fifths majority vote at a general meeting (AGM or EGM) to enforce this.

If passed:

• You might not be allowed to rent out your property for holiday lets.
• You could be asked to pay higher community fees if you do continue to rent (to cover extra wear and tear).

Important: Each community must now hold a meeting to vote on this matter. If your community votes to allow holiday rentals, you can still apply for a tourist licence, but you will need a certificate from the administrator confirming this decision. This certificate must be submitted alongside your application.

3. Municipal control is increasing

Local councils (ayuntamientos) now have more power to control where holiday rentals are allowed. Many towns are starting to implement zoning plans to limit the concentration of tourist properties in certain areas.

If you’re in a high-demand area, this could affect your ability to get a new licence. In some zones, caps are being discussed or already in place.

⚠️ We’re likely entering a 12-month 'grey area' where rules and enforcement may be unclear or evolving. This can be frustrating for owners and buyers, but it's important to stay informed and act with caution.

What does this mean for owners?

If you already have a valid tourist licence and are following the rules, you should be fine – for now.

But you should:

• Ensure your property is registered correctly
• Stay on top of all requirements (guest registration, insurance, safety equipment)
• Monitor your community meetings and votes – things can change quickly
• If you’re buying a new property, check the local and community regulations first

Regional differences to be aware of

There is a clear divide in how strict enforcement may be across the Costa del Sol:

More relaxed areas:

• Mijas, Fuengirola, and Marbella
• These areas have very few hotels (e.g. only 10 in Mijas), and town halls recognise that tourism relies heavily on private rentals.

Stricter areas:

• Torremolinos, Benalmádena, and Málaga
• These towns have more hotels and formal tourism infrastructure, so their councils are expected to be tougher on short-term lets.

Still thinking of renting out your property in Spain?

We offer long-term rental management and property management services to make things easier and keep you compliant.

If you'd like to know more, just get in touch. We're here to help you make informed choices – not just sell you a property and disappear.

Star Properties
La Cala | Mijas Golf | Riviera del Sol
📧 [email protected] | 📞 0034 952 494 800

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