In recent years, Andalusia has seen significant changes in its approach to holiday rentals (Viviendas de Uso Turístico, or VUT). With updates to the holiday rental laws coming into effect on April 3rd, 2025, property owners, investors, and vacation rental businesses must understand how these changes will affect their operations. If you're interested in Costa del Sol property investment, it’s crucial to be aware of these modifications to avoid non-compliance and ensure your Costa del Sol property can continue to be used for short-term rentals.
In this post, we’ll break down the key changes in the regulations, how they affect you, and what property owners need to do to stay compliant.
New Regulations for Short-Term Rentals in Andalucia: What You Need to Know
In 2016, Andalucia introduced regulations for Viviendas de Uso Turístico (VUTs), or tourist homes. These rules aimed to regulate the growing short-term rental market and ensure the quality of services offered to tourists. The most significant changes came in January 2024 with Decree 31/2024, which was updated to improve transparency and sustainability within the market. As of April 3, 2025, new guidelines will further restrict short-term rentals in Andalucia.
Here’s a breakdown of the new rules:
1. Authorization from the Community of Property Owners Required
Perhaps the most impactful change is the requirement for approval from the community of owners before a property can be registered as a tourist accommodation. This change directly affects properties within residential complexes or urbanizations, particularly those that have already been operating as holiday rentals.
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What does this mean for owners? If you're planning to register your property as a holiday rental after April 3rd, 2025, you must obtain written permission from your community of owners before submitting your application for a tourist accommodation license. This is an essential step, as the community has the right to prohibit short-term rentals in the building if it’s not in line with their internal rules.
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2. First Occupation License Requirement Eliminated
Another key change is the removal of the need for a First Occupation License (F.O.L.) in order to apply for the tourist rental license. In the past, properties that did not have this license were disqualified from registering as a tourist accommodation. Now, property owners can declare that their property complies with urban planning regulations without needing this additional certification.
- Why is this important for Costa del Sol property investment? This is particularly beneficial for properties that may not have an F.O.L. but still meet planning regulations. However, property owners should ensure compliance with urban planning regulations and may consider obtaining a certificate from an architect to avoid future issues.
3. Changes in Minimum Size and Habitability Requirements
New requirements also include updated habitability and technical specifications for properties used as holiday homes. These changes aim to increase safety and comfort for guests, with the following key points:
- Minimum space per guest: Properties must have 14 square meters per guest. This makes smaller units, such as studios, less viable for holiday rentals.
- Increased bathrooms: Properties with over five sleeping spaces must have at least two bathrooms; properties with over eight sleeping spaces must have at least three bathrooms.
- Additional amenities: Requirements for refrigeration, heating, 24-hour telephone assistance, smoke detectors in kitchens, and fire extinguishers have all been added.
For property owners in Costa del Sol, this means ensuring that any holiday rental meets these updated habitability standards before registration.
4. Restrictions on VUTs in Specific Areas
The new regulations also empower municipalities to limit the number of tourist accommodations within specific areas. Towns like Malaga and Fuengirola have already implemented restrictions, limiting the number of VUTs allowed in buildings without direct access from the street. This means that only detached houses or ground-floor apartments may qualify in these areas.
For those interested in investing in Costa del Sol property, it’s crucial to check with local town halls for regional restrictions before purchasing a property with the intent of using it for short-term rentals.
5. No Retroactive Effects for VUT Registration
If you're purchasing a property already registered as a VUT you may still be able to continue using it as a tourist accommodation. However, the new regulations state that the community of owners must approve the continued short-term rental use. Additionally, the buyer must update the property’s registration with the Andalucian Tourism Registry.
- What does this mean for buyers? If you’re considering purchasing a property for short-term rental investment, the new regulations may affect future operations. For instance, properties that were previously registered may face challenges when transferred to a new owner, as new rules may be applied at that time.
6. Impact of Third-Party Management on Holiday Rentals
As of April 2025, third-party managers will be required to submit official communication to the Andalucian Tourism Board when managing holiday rental properties. Real estate agencies or property managers who oversee vacation rentals must inform the authorities about rental periods and other relevant details. This new regulation could impact real estate agents who specialize in managing Costa del Sol properties as holiday rentals.
If your holiday rental is currently managed by a third party, ensure that they comply with this new rule by providing the necessary documentation to the authorities.
7. How These Changes Affect the Investment Market in Estepona
For those considering investing in Costa del Sol real estate as a vacation rental property, the changes in holiday rental regulations are a significant factor to consider. These updates not only affect property registration but also highlight the importance of ensuring that your Costa del Sol property investment complies with all local zoning and community rules.
- Act Now for Compliance: If you are planning to rent out your Costa del Sol property, now is the time to ensure compliance with the updated regulations. Contact local authorities or real estate experts who can guide you through the licensing process and help with the required documentation.
What You Need to Do Before April 3rd, 2025
To ensure your property remains compliant with the new holiday rental laws:
- Obtain approval from your community of owners if you are renting in a residential complex.
- Ensure your property meets the new technical and habitability requirements (minimum space per guest, adequate bathrooms, fire safety, etc.).
- Update your registration with the Andalusian Tourism Board if needed.
- If managing a holiday rental, ensure your third-party manager complies with the new rules.
Final Thoughts: Stay Ahead of the Changes in Andalucia’s Holiday Rental Laws
The new regulations for holiday rentals in Andalucia are set to reshape the Costa del Sol property investment market, and property owners must prepare accordingly. The new laws will impact how you manage your property.
If you are unsure how these changes affect your vacation rental, or if you're considering investing in Costa del Sol property, reach out to a trusted real estate expert today. By staying informed and proactive, you can ensure that your Costa del Sol property complies with the latest regulations, safeguarding your investment.
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