Tourist Rental Licenses in Andalusia 2026: What Mortgage Buyers Need to Know

If you are buying a property in Marbella or the Costa del Sol with plans to rent it out when you are not using it, stop and read this before signing anything. The rules governing short-term rentals in Spain have changed dramatically over the past two years, and what worked in 2023 simply does not apply anymore.

This is not about scare tactics—Andalusia remains one of the more favourable regions in Spain for holiday rentals. But the regulatory landscape has evolved, and understanding it could mean the difference between a property that generates €15,000 a year in rental income and one that sits empty because you cannot legally list it on Airbnb.

The New Reality: Two Registration Systems, Not One

Spain introduced a national rental registration system in 2025 that runs parallel to existing regional licenses. This means property owners now navigate two layers of bureaucracy:

The regional VFT license (Vivienda con Fines Turísticos) is granted by the Junta de Andalucía and authorises your property for tourist use. Without it, you cannot legally rent for periods under 60 days.

The national NRUA number (Número de Registro Único de Arrendamientos) is a new identifier that every short-term rental must display on all booking platforms. Since July 2025, Airbnb, Booking.com, and Vrbo are required to reject listings without a valid NRUA.

The practical impact? You need both. The NRUA is issued through Spain digital platform (VUDA), but you cannot get one without the regional VFT license underneath it. Think of it as a two-step verification system—and failure at either step means your property cannot be listed.

What Actually Changed in Andalusia

The Junta de Andalucía overhauled its tourist rental framework through Decreto 31/2024, which came into effect in February 2024 with additional clarifications throughout 2025. Here is what matters:

The Community Vote

This is the biggest change, and the one most buyers miss entirely. A community of owners (the equivalent of an HOA) can now vote by a 3/5 majority to prohibit tourist rentals in the building. If you are buying an apartment in a complex, this vote could shut down your rental plans overnight—even if you already hold a valid license.

The situation improved somewhat in October 2025 when the Junta clarified that existing, nationally registered licenses remain valid through property sales without requiring new community approval. But here is the critical distinction: new applications still need community consent, and communities can vote to block them.

Before making an offer on any apartment, request a written certificate from the building administrator confirming that the community has not voted to prohibit, restrict, or condition tourist use. Get the most recent meeting minutes. If the administrator will not provide these documents, that is your answer.

Capacity Limits and Habitability Standards

Decreto 31/2024 introduced stricter requirements:

• Maximum 15 guests per property
• Maximum 4 guests per bedroom (down from 6)
• Air conditioning is mandatory for properties operated between May and September
• First-aid kit, fire extinguisher, and complaint forms in three languages are required

These are not optional guidelines—they are enforceable on inspection, with fines reaching €150,000 for non-compliance.

Guest Registration Through SES.Hospedajes

Since December 2024, every guest staying in a tourist rental must be registered through the Interior Ministry SES.Hospedajes platform within 24 hours of arrival. This applies to all short-term rentals, regardless of whether you are managing the property yourself or using a rental agency.

The data requirements include full passport or ID details, nationality, dates of stay, and your property registration number. Failure to register guests can result in the revocation of your rental license.

Marbella Current Position: Relatively Open, But Do Not Count on It

Unlike Málaga city, which has capped tourist rentals at 8% of housing stock, Marbella has not yet implemented specific restrictions. Applications for new VFT licenses are still being processed, and the town hall has not declared any areas as saturated.

But here is the context: Málaga restrictions came suddenly, and similar measures are being discussed across the Costa del Sol. If you are buying with rental income as a core part of your financial calculations, assume that the regulatory environment will tighten, not loosen, over the next five years.

What does this mean practically? If you are buying a property that already has a registered VFT license with an active NRUA number, you are in a stronger position than someone planning to apply for a new license after purchase. Licensed properties transfer with the deed of sale—the license is attached to the property, not the owner.

The Transfer Process: What Happens When You Buy a Licensed Property

Good news here. The Spanish Directorate-General for Legal Security confirmed that tourist rental registrations are attached to the property. When you buy a property with an existing VFT and NRUA, you do not need to reapply—you complete a cambio de titularidad (change of ownership) with both the Andalusian Tourism Registry and the national system.

This process typically takes 4-6 weeks and requires the original license documentation, the deed of sale, and proof of identity. During this period, you can continue operating under the previous owner license, though it is advisable to communicate this status to booking platforms to avoid any listing interruptions.

The key point: properties with existing licenses now carry a measurable premium. A licensed apartment in a complex where the community has not voted against tourist use is worth more than an identical unlicensed apartment next door. Factor this into your purchase negotiations.

The Annual Reporting Requirement

From February 2026, all license holders must file an annual informative return covering rental activity from the previous year. This includes:

• Purpose of each stay
• Number of guests per booking
• Arrival and departure dates
• Total bookings and revenue

This applies even if the property was not rented at all during the year. Failure to file can result in revocation of your national registration number, which effectively delists your property from all major platforms.

How This Affects Your Mortgage Calculations

Banks in Spain typically lend 60-70% LTV for non-residents purchasing investment properties. When calculating whether a property makes sense financially, many buyers factor in projected rental income to offset mortgage payments and running costs.

Here is the reality check:

Do not assume you will get a license. If you are buying an apartment in a residential complex, the community vote is an unknown variable. Build your financial model assuming zero rental income, then treat any rental revenue as a bonus.

Factor in compliance costs. Air conditioning installation, safety equipment, annual registration fees, property management, and guest registration administration add up. A realistic estimate for a 2-bedroom apartment in Marbella is €2,000-4,000 annually in compliance-related costs before any platform fees or taxes.

Consider the license premium. If rental income is genuinely important to your investment thesis, buying a property with an existing, active license may cost more upfront but removes the biggest regulatory uncertainty.

Understand the 60-day rule. Rentals of 61 days or more fall under Spain general tenancy law, not tourist regulations. Some investors are shifting toward seasonal mid-term rentals for digital nomads and remote workers, which operate under different rules and do not require a tourist license.

Practical Steps Before You Buy

1. Request the license documentation. If the property is advertised as having a tourist license, get the VFT registration number and verify it on the Junta de Andalucía tourism registry. Confirm the NRUA is active.
2. Get the community certificate. For apartments, obtain written confirmation that the community has not voted against tourist use. No certificate, no deal.
3. Check the urban classification. Some properties in mixed-use zones have restrictions you will not find in the listing. The nota simple from the land registry should clarify this.
4. Build conservative projections. Use 50% occupancy and current comparable rates, then stress-test against regulatory changes.
5. Talk to a local gestor. A specialist administrator who handles tourist license applications can assess whether a specific property is likely to receive approval—or flag potential problems before you commit.

The Bottom Line

Andalusia remains viable for tourist rentals, and Marbella specifically has fewer restrictions than many Spanish coastal cities. But the era of buying any apartment and throwing it on Airbnb is over. The regulatory framework now requires planning, documentation, and ongoing compliance that did not exist five years ago.

For mortgage buyers, this means treating tourist rental income as a potential benefit rather than a guaranteed revenue stream. The properties that perform best over the next decade will be those where owners understood the rules before signing—not those scrambling to comply after receiving their first fine.

The Costa del Sol property market remains strong. Just make sure you are buying with your eyes open.