Introduction
If you own a property in Andalusia and want to rent it out for short-term stays, this guide is for you.
Whether you plan to advertise your house on Airbnb, Booking.com, or any other platform, you must now meet new legal requirements.
This guide is mainly for:
- Owners in Málaga province.
- People living in Spain.
- Foreigners who have bought property and want to start a holiday rental business.
Since March 2025, the rules have changed.
You can no longer simply register your property as a tourist accommodation by filling out a simple form.
Now, you need municipal permission first, before anything else.
If you do not follow the new steps, you risk heavy fines, cancellation of your registration, or being banned from renting legally.
Knowing and applying the 2025 requirements will protect your investment, avoid problems, and allow you to rent confidently.
This guide will explain everything step-by-step, using simple and clear English, based on the new regulations.
1. What is a Tourist Licence (Licencia Turística)?
In Andalusia, a Tourist Licence is an official authorisation that allows you to rent your property to tourists for short stays.
The property is officially called a “Vivienda de Uso Turístico” (VUT).
To be considered a VUT:
- You must rent the property for short periods (days, weeks, but not more than 2 months to the same person).
- You must charge money for the rental (free stays are not considered tourist rentals).
- You must promote or advertise the property on tourist channels like Airbnb, Booking.com, travel agencies, or similar platforms that allow reservations.
From March 2025, before you can register a VUT, you must first:
- Get a municipal licence or a declaration of change of use from your local Town Hall.
- Only after this, you can submit your Declaración Responsable to the Junta de Andalucía to register your property.
Important points you must know:
- One VUT per cadastral reference: Only one tourist rental is allowed per property according to its cadastral number.
- VUTs are no longer limited to urban land: You can now also register properties located on rustic land if local urban planning allows it.
- Habituality is required: You must rent the property regularly during the year or during the periods you declare in your application.
If you rent without meeting these new requirements, your activity is considered illegal and may lead to serious fines.
The new 2025 rules aim to professionalise short-term rental activity, protect consumers, and respect urban planning laws.
2. New Laws and Regulations You Must Know (Effective 2025)
Since March 2025, short-term holiday rentals in Andalusia must follow stricter rules.
If you want to rent out your property legally, you must understand these changes.
The main regulations you must follow are:
- Ley 13/2011: Law of Tourism of Andalusia.
- Decreto 28/2016: Regulates tourist housing (modified by Decreto 31/2024 and Decreto-ley 1/2025).
- Local municipal rules: Your Town Hall’s urban planning rules are now crucial.
Here is what changed in 2025:
Municipal Licence or Declaration is Now Mandatory
Before, you could directly register your property as a tourist rental by submitting a “Declaración Responsable” to the Junta de Andalucía.
Now, this is not enough.
From March 4, 2025, you must first:
- Request a municipal licence or
- Submit a municipal declaration of change of use allowing your property to be used for tourism.
Without this municipal document, the Junta de Andalucía will reject your application.
Each Town Hall can set its own rules, limits, or even ban tourist rentals in certain areas.
New Definitions and Conditions
- A Vivienda de Uso Turístico (VUT) must be fully prepared for immediate tourist use.
- You must declare the periods you will offer the property (full year or specific months).
- If you rent outside the declared periods, it is considered clandestine activity.
One Property, One Licence
- Only one tourist property per cadastral reference is allowed.
- If you have several apartments in the same building, you may need to register as an apartments establishment (different legal regime).
Urban Planning Rules Apply
- Even if your property is suitable, the Town Hall can limit or refuse licences for reasons such as:
- Too many tourist apartments in one area.
- Conflict with residential use.
- Protection of the environment or local culture.
Town Halls now have stronger powers to control the number and type of tourist rentals in their territory.
3. Requirements for a Holiday Rental Licence (and What Changed in 2025)
In 2025, Andalusia updated the requirements for renting your property short-term as a Vivienda de Uso Turístico (VUT).
If you want your property to be legal, you must meet the new rules, which are stricter than before.
Here is what you need to know:
What Changed in 2025:
- Before 2025, you only needed a licence of occupancy (cédula de habitabilidad).
- From March 2025, you now need a municipal licence or an approved change of use from the Town Hall before you register the property.
- Minimum space per guest is now 14 m², not simply based on the number of rooms.
- More bathrooms are now required if you have many guests.
- Climate control (air conditioning and heating) is now mandatory if you rent in certain months.
- Properties must show better ventilation, emergency planning, and guest information.
✅ Property Condition Requirements
- Property must have a valid municipal licence or proof of approved tourist use.
- Must comply with urban planning rules.
- Must be ready for immediate tourist use.
✅ Minimum Size
- At least 14 m² per guest (based on cadastral size).
- Minimum 25 m² for any VUT property.
Example:
- 56 m² = maximum 4 guests.
✅ Bathrooms
- 1 bathroom = up to 5 guests.
- 2 bathrooms = more than 5 guests (up to 8).
- 3 bathrooms = more than 8 guests.
Each bathroom must have:
- Good ventilation (natural or mechanical).
- Hot and cold water.
New from 2025: More strict bathroom rules, especially for larger properties.
✅ Ventilation and Window Requirements
- Living rooms and bedrooms must open to the outside or to ventilated patios.
- Windows must have a darkening system (shutters or curtains).
- Kitchens and bathrooms must have direct ventilation or a mechanical system.
Before 2025, some exceptions were more flexible. Now, more properties must adapt.
✅ Air Conditioning and Heating
- Cooling (air conditioning or fans) must be provided if you rent in May, June, July, or August.
- Heating must be provided if you rent in December, January, February, or March.
- Fixed or portable systems are allowed, but no gas heaters or dangerous heating.
New from 2025: No exemptions for rural or older properties without proper climate control.
✅ Equipment Required
- Furniture suitable for the number of guests.
- Kitchen equipped for cooking and eating.
- First aid kit.
- Bed linen and towels, plus one replacement set.
No major changes here, but the inspections are now more serious.
✅ Guest Services and Information
- 24-hour emergency contact number for guests.
- House rules about:
- Pets.
- Smoking.
- Garbage disposal.
- Noise.
- Tourist information about:
- Local attractions.
- Restaurants.
- Parking.
- Public transport.
- Health services.
- Fire evacuation plan at the entrance door if the building has a community plan.
New from 2025: More detailed information must be given to guests in writing.
✅ Administration
- Complaint forms (Hojas de Reclamaciones) available in the property.
- Visible sign offering the complaint forms.
- Issue receipts for payments and deposits.
- If required, issue proper invoices according to tax law.
New from 2025: Receipts must clearly show the property’s official RTA registration code.
4. What Is Allowed and What Is Not Allowed (2025 Rules)
In 2025, the rules about what kind of property can be used as a Vivienda de Uso Turístico (VUT) in Andalusia became much clearer.
Some types of properties are now explicitly allowed, others are excluded or banned.
Here’s what you need to know:
✅ What Is Allowed
You can register a property as a tourist rental if:
- It has the correct municipal licence or a declaration of change of use.
- It is not protected housing (VPO).
- It is located on urban land or rustic land—but rustic properties must be allowed by local planning.
- It is a standalone home, apartment, or room in your main residence.
- It complies with all technical and space requirements.
- There is only one VUT per cadastral reference.
- The building’s community rules (estatutos) do not ban tourist rentals.
Also allowed:
- Renting only some months of the year (as long as declared in advance).
- Renting out individual rooms, if you live in the same property (and are registered there).
- Hiring a property manager or rental company, as long as they are registered as “empresa explotadora”.
❌ What Is Not Allowed
The following are not allowed as of 2025:
1. Properties without a municipal licence
- You cannot register or rent your property as a tourist rental unless your Town Hall has approved the use.
2. Protected Housing (VPO)
- Homes under any kind of public protection cannot be used as tourist rentals, not even partially.
3. Rentals longer than 2 months
- If you rent to the same person for more than 60 days, it is not considered a VUT. That’s a standard rental, not a holiday let.
4. Homes in buildings where tourist use is banned
- If the community of owners (comunidad de propietarios) has a formal rule that bans tourist rentals, you cannot register the property as a VUT.
5. Multiple apartments in one building
- If you own or manage 3 or more apartments in the same building or urbanisation, you cannot register them as VUTs. You must register them as “apartamentos turísticos” under a different law.
6. Rural properties that don’t meet planning rules
- Rustic or rural homes must follow Decreto 20/2002 and may need to register as Viviendas Turísticas de Alojamiento Rural (VTAR).
7. Illegal constructions
- If your property is in a situation of “asimilado a fuera de ordenación” (AFO), it cannot be used for tourism unless your Town Hall grants express authorisation.
8. Rooms in a home where the owner does not live
- You can only rent rooms if you also live in that property and are officially registered (empadronado) there.
These restrictions are now enforced more strictly.
Before 2025, some owners operated in a legal grey area. That’s no longer possible.
If you want to rent legally, make sure your property fits these clear conditions.
5. Step-by-Step Guide: How to Register Your Holiday Rental in 2025
To rent out your property legally as a Vivienda de Uso Turístico (VUT) in Andalusia in 2025, you must follow all steps in the correct order.
If you skip a step, your application will be rejected or your rental may be considered illegal.
✅ Step 1 – Get the Municipal Licence or Change of Use Approval
This is now mandatory before any registration.
- Go to your local Town Hall (Ayuntamiento).
- Ask for:
- A licencia urbanística (urban planning licence) or
- A declaración responsable de cambio de uso (change of use declaration).
- Your property must be allowed to be used for tourist purposes according to the local urban planning rules.
- Each Town Hall may have its own conditions, costs, or restrictions.
You cannot continue without this document.
✅ Step 2 – Check and Prepare the Property
Before applying, make sure your property:
- Meets the minimum size per guest (14 m² per person).
- Has the correct number of bathrooms.
- Has proper ventilation, climate control, and equipment.
- Includes all guest information and complaint forms.
If your property does not meet these conditions, it will not pass inspection later.
✅ Step 3 – Gather All Required Documents
You will need:
- A copy of your ID or NIE.
- The cadastral reference of the property.
- Proof of ownership or authorisation if you are not the owner.
- The licence or declaration from the Town Hall.
- Details about the property layout, number of rooms, bathrooms, and capacity.
- Periods of the year you plan to rent.
- Emergency contact number.
- Your email address and phone number.
If you’re using a rental agency, include a copy of your management agreement.
✅ Step 4 – Submit the Declaración Responsable
Once you have all the documents and your property is ready, you must submit the Declaración Responsable.
You can do this online at the official portal of the Junta de Andalucía:
You will receive a registration number (RTA code).
This number is needed for all ads and bookings.
Note: Registration is automatic, but your property can be inspected at any time. If it doesn’t match your declaration, it can be removed from the register and you can be fined.
✅ Step 5 – Include Your RTA Code in All Ads
By law, you must include your RTA registration number in all advertisements and listings.
This includes:
- Airbnb
- Booking.com
- Your website
- Printed materials
- Social media
If you don’t show your registration code, you may receive a fine.
✅ Step 6 – Register Guests and Keep Digital Records
Each guest must provide their ID, and you must report guest details and keep a digital record.
Here’s what you now need to do:
- Register online at the Ministry of Interior platform:
SES.HOSPEDAJES via their electronic office.
(The old webpol system is being replaced.) - Collect a guest entry form (parte de entrada) signed by every guest aged 14 or older.
For younger guests, the accompanying adult provides the information. - Submit the guest information through SES.HOSPEDAJES as required.
- Keep a digital register of all guest data for three years from the end of each stay.
Note:
Accommodation providers who operate non-professionally (e.g., occasional private hosts) are exempt from keeping a full guest register but must still submit the required information.
This step is mandatory under Royal Decree 933/2021 for security reasons.
📢 Important 2025 Update: Guest Registration Rules
Since 2025, all short-term rental owners in Andalusia must use the new SES.HOSPEDAJES platform to register guest information.
- Old police portals (like Webpol) are no longer enough.
- You must submit guest data and keep a digital record for three years after each stay.
- This applies to all professional and most private tourist rentals under Royal Decree 933/2021.
- Occasional, non-professional hosts must still submit guest data, but do not have to keep full digital records.
👉 You can register on the Ministry of the Interior’s platform here:
https://pasarela.clave.gob.es/Proxy2/ServiceProvider
✅ Step 7 – Keep Records
You must keep the following records for each guest and booking:
- Guest registration data (guest entry forms and identification details):
- Must be kept for at least three years from the end of the stay.
- Stored securely in a digital format as required by Royal Decree 933/2021.
- Reservation contracts or booking confirmations:
- Keep for at least one year.
- It’s recommended to store them for up to five years for full protection in case of tax inspections.
- Payment receipts or invoices:
- Keep for at least one year.
- Ensure receipts show the total price, dates, and your RTA registration number.
These documents must be available to the authorities if they request an inspection or audit.
Proper record-keeping protects you against fines and proves that your holiday rental operates legally.
6. Costs Involved in Registering and Running a Holiday Rental in Andalusia (2025)
Starting a legal short-term rental in Andalusia comes with some fixed and optional costs.
Some are one-time fees. Others are ongoing.
Here’s what you can expect to pay:
✅ Municipal Licence or Change of Use – Variable Cost
New in 2025:
You must now get a municipal licence or submit a change-of-use declaration.
- This is requested at your local Ayuntamiento (Town Hall).
- Each municipality can set its own fee, process, and urban rules.
- In some areas, especially in Málaga city or coastal zones, this step may cost more or take longer due to zoning restrictions.
Estimated cost:
Anywhere from €50 to €600+, depending on the municipality and type of property.
✅ Professional Services (Optional but Recommended)
You might choose to hire:
- An architect or technical expert to check if your property complies.
- A lawyer or gestor to help with documents.
- A property manager to act as “empresa explotadora” if you don’t live locally.
Typical costs:
- Legal advice: €100–€300
- Technical report: €150–€500
- Property manager: often 15–30% of rental income
✅ Equipment and Setup
If your property is not fully equipped yet, you’ll need to invest in:
- Air conditioning/heating if you rent in summer or winter months.
- Extra bathrooms if capacity is high.
- First aid kit, guest information, complaint forms, and other required items.
One-time cost: Can range from €500 to €3,000, depending on what you already have.
✅ Insurance
It’s strongly recommended to have civil liability insurance in case of guest injury or damage.
- Some Town Halls may start requiring insurance in the future.
- Prices depend on the insurer and coverage.
Estimated annual cost: Around €150–€300
✅ Taxes and Fiscal Obligations
You must pay taxes on your rental income.
- Residents in Spain must declare income in their IRPF (income tax).
- Non-residents from the EU must submit Modelo 210 quarterly.
- VAT is not required for VUTs unless you offer hotel-like services.
Also consider:
- Tourist tax is not yet in force in Andalusia, but may be introduced in the future.
Tip: Use an accountant or gestor to stay compliant.
✅ Maintenance and Cleaning
You must:
- Clean the property before and after each guest stay.
- Provide linen, towels, and replacements.
- Maintain equipment, appliances, and furniture.
You can do this yourself or pay a local cleaner or service company.
Average cost per guest change:
Between €40 and €100, depending on size and location.
7. Renting Through Platforms (Airbnb, Booking.com, etc.)
Once your property is fully registered as a Vivienda de Uso Turístico (VUT), you can start advertising it online.
Most owners use platforms like:
- Airbnb
- Booking.com
- Vrbo
- Tripadvisor
- Direct websites or social media
But there are strict rules about how you advertise and manage your bookings in Andalusia.
✅ What You Must Include in Every Listing
By law, every advertisement or online listing must show your official RTA registration number (from the Registro de Turismo de Andalucía).
This applies to:
- All online platforms.
- Printed ads or flyers.
- Social media posts with links or prices.
If you fail to include this number, you risk a fine of €2,000 or more.
✅ Platforms Must Also Comply
In 2025, platforms like Airbnb or Booking.com are also required to:
- Ask you for your RTA number.
- Remove listings if they are not legal or not properly registered.
Some platforms may also limit your listing visibility or block your calendar if you cannot prove registration.
✅ Your Responsibilities on Booking Platforms
When using platforms, you are still fully responsible for:
- Making sure your listing is accurate (number of guests, equipment, etc.).
- Respecting capacity limits and local laws.
- Providing invoices or receipts if guests ask.
- Informing guests of:
- House rules.
- Noise and garbage rules.
- Emergency contacts.
Even if the platform handles bookings, you are still the legal operator of the rental.
❌ What You Cannot Do
You cannot:
- List your property before it is registered.
- Use someone else’s RTA number.
- Exceed the declared number of guests.
- Rent outside the periods you declared on your registration form.
Doing any of these may result in inspections, fines, or removal from the register.
8. Common Mistakes to Avoid
Many owners make errors when starting with short-term rentals.
Some are small. Others can lead to serious fines, cancellation of your licence, or problems with neighbours.
Here are the most common mistakes in 2025—and how to avoid them:
❌ Starting to Rent Without a Municipal Licence
Most serious mistake.
Since March 2025, you need a municipal licence or change-of-use declaration before registering your property as a VUT.
Avoid it:
Start with your Town Hall.
Do not submit your “Declaración Responsable” until you have municipal approval in writing.
❌ Advertising Without an RTA Number
If you advertise on Airbnb or any other site without including your official registration number, it is illegal.
Avoid it:
Only publish your listing after you get your RTA code.
Include it clearly in your listing title or description.
❌ Renting More Guests Than Allowed
Each VUT has a maximum capacity, based on the size of the property and number of beds.
If you host more guests than legally permitted, you risk penalties.
Avoid it:
Check your allowed capacity (based on 14 m² per guest and bathroom rules).
Clearly state the max number in all listings.
❌ Renting During Undeclared Periods
When you register your VUT, you must say which months of the year you will rent.
If you accept bookings outside these dates, it’s considered clandestine rental.
Avoid it:
Only open your calendar during declared periods.
If you want to change the dates, update your registration with the Junta.
❌ Ignoring Community or Urban Rules
Some communities of owners (comunidades de propietarios) ban tourist rentals in their internal rules.
If you ignore this, neighbours can report you and the Junta may remove your registration.
Avoid it:
Before applying, ask your administrator or read the building’s statutes.
If rentals are banned, you can’t legally register.
❌ Not Reporting Guest Stays to the Police
Every guest must be reported to the Guardia Civil or Policía Nacional.
Avoid it:
Register online with the police and submit each “parte de entrada” within 24 hours of check-in.
❌ Incomplete or Incorrect Guest Information
You must:
- Have house rules visible.
- Include complaint forms.
- Show emergency numbers.
- Provide instructions for appliances.
Avoid it:
Prepare a guest folder or digital file.
Make sure it’s available inside the property.
❌ Not Updating Your Registration Details
If you change:
- Ownership,
- Periods of operation,
- Property layout,
- Management company,
You must update the Registro de Turismo.
Avoid it:
Log in to your registration file and submit changes within a reasonable time.
9. Fines and Sanctions in 2025
If you rent out your property without following the current rules in Andalusia, you can face serious legal and financial consequences.
Since the law changed in March 2025, inspections have become more common, and penalties are more clearly defined.
Below is what you risk—and how to avoid it.
🧾 Common Fines (Examples Based on 2025 Law)
| Infraction | Possible Fine |
|---|---|
| Renting without a municipal licence | €2,001 to €18,000 |
| Advertising without an RTA number | €2,000+ |
| Renting more guests than allowed | €2,001 to €18,000 |
| Failing to register guest data with police | €601 to €30,000 (State level) |
| Operating outside declared rental periods | €2,001 to €18,000 |
| Violating community rules (if clearly stated) | Loss of VUT licence |
| Repeated or serious offences | Closure order, registry removal |
Source: Ley 13/2011 and Decreto 28/2016 (modified by Decreto 31/2024)
🔍 Who Can Inspect?
Inspections can be carried out by:
- The Tourism Department of the Junta de Andalucía.
- Local Police.
- Guardia Civil (for guest data control).
- Urban Planning officers (for change of use or land legality).
🛑 What Triggers an Inspection?
- Anonymous reports (neighbours or other owners).
- Routine control by tourism inspectors.
- Platforms removing non-compliant listings and notifying the Junta.
- Guest complaints filed online or at tourism offices.
⚖️ Can You Defend Yourself?
Yes. If fined, you have the right to:
- Receive an official notification.
- Present arguments or documents during the process.
- Appeal the decision if you disagree.
But: If you clearly violated the rules, the fine is usually enforced.
✅ How to Avoid Problems
- Don’t skip any registration step.
- Keep your property and documents updated.
- Inform your guests clearly about rules.
- Respond fast to neighbour complaints or noise issues.
- Always include the RTA number in ads.
10. Tips for a Successful Holiday Rental Business
Once your property is legally registered as a Vivienda de Uso Turístico (VUT), the next step is making it work well—for you and your guests.
Here are practical, no-fluff tips to help you get better reviews, more bookings, and fewer problems.
✅ Start with Clear Communication
- Reply to booking requests quickly.
- Send guests arrival info in advance: directions, check-in time, contact number.
- Let them know the house rules before they arrive.
Clear information avoids misunderstandings and bad reviews.
✅ Set the Right Expectations
In your listings:
- Use real photos of the property.
- Mention stairs, small spaces, or noise from the street if they exist.
- Be honest about the location (distance to beach, supermarkets, etc.).
Under-promise, over-deliver.
✅ Respect Local Rules and Neighbours
- Tell guests about local quiet hours.
- Post rules about garbage disposal, smoking, and pets.
- Avoid renting to large groups who may disturb others.
A quiet, well-managed rental helps keep your registration safe from complaints.
✅ Keep the Property in Good Condition
- Fix broken items quickly.
- Keep things clean, especially bathrooms, kitchen, and bedding.
- Offer basic essentials (toilet paper, soap, washing-up liquid).
Happy guests = better reviews = more bookings.
✅ Use a Guest Info Folder
Prepare a simple folder (physical or digital) with:
- Emergency contact and your number.
- How to use the appliances.
- Wi-Fi code.
- Tourist map or links.
- House rules and check-out time.
This reduces messages and makes your life easier.
✅ Set a Minimum Stay to Reduce Turnover
Many owners in 2025 are now setting:
- 3–5 night minimum stay.
- Higher prices during weekends or local festivals.
This helps reduce cleaning and management workload.
✅ Use a Trusted Cleaning or Management Service (if you’re not nearby)
If you live far away:
- Hire someone to handle check-in, cleaning, and emergencies.
- Or register an “empresa explotadora” to manage the rental legally.
Many owners now use this option to avoid fines and save time.
✅ Monitor Your Listing
- Keep your calendar updated.
- Reply to reviews.
- Remove blocked dates if you won’t rent in those periods.
- Renew photos every 1–2 years.
Active listings attract more bookings.
✅ Stay Informed About Law Changes
Tourism rules in Andalusia continue to evolve.
- Follow news from the Junta de Andalucía.
- Ask your local gestor for updates.
- Review your registration file once a year.
That’s it—you’re now fully informed on how to legally and successfully run a tourist rental in Andalusia in 2025.
Final Thought
The 2025 updates mark a shift in how short-term rentals are viewed in Andalusia.
This is no longer a casual activity—it’s a regulated business that must respect both public interests and private rights.
The process may feel more bureaucratic now, but it brings more clarity and fairness to the system. Everyone plays by the same rules.
If you’re organised, detail-oriented, and committed to doing things properly, this is still a good time to enter the market.
Holiday rentals continue to be in demand across Málaga province and beyond.
And with the right preparation, your property can offer a reliable return while contributing positively to local tourism.
