Three layers, all of which must line up
The question is no longer whether you can get "a licence", but whether this particular property, at this address and in this building, may legally be let to tourists. That depends on three layers.
- The town hall. It decides whether tourist use is permitted under the zoning plan. A moratorium may apply, a neighbourhood may be designated as saturated, or there may be conditions such as independent access. Regional registration offers no protection here: the town hall can still ask for a registration to be cancelled afterwards.
- The community of owners. Since 3 April 2025, starting a new tourist activity in a building divided into flats requires express approval from three fifths of the owners, who must also hold three fifths of the participation shares. Owners who were already letting legally before that date may continue. A prohibition entered in the Land Registry also binds a future buyer.
- The Junta de Andalucía. Registration is made through an online declaration by the owner (declaración responsable). The property then receives a VFT code (the Andalusian holiday-let registration code), which must appear in every advertisement.
You must also report guest details to the Spanish Interior Ministry's guest register (SES.Hospedajes). In May 2026 the Spanish Supreme Court annulled the national registration number (NRUA); the regional VFT code is once again the identifier that counts. The data obligations of holiday rental platforms and your own tax obligations remain in place.
Town by town
A snapshot as of mid-2026. Municipal rules change regularly, so have the current position checked for each address.
| Town | New registration? | Notes |
|---|---|---|
| Málaga | No | Moratorium since August 2025, for up to three years |
| Manilva | No | Municipal moratorium since December 2025 |
| Fuengirola | Limited | Only properties with their own independent entrance |
| Mijas | With conditions | Municipal conditions; urban or rural land makes a difference |
| Marbella | Yes | Community statutes are often the real hurdle |
| Estepona | Yes | Check address by address; neighbouring homes can differ |
| Benalmádena | Yes | Stricter inspections; check the original deed of division too |
| Torremolinos | Yes | Take care with buildings that once operated as aparthotels |
Requirements for the property itself
Andalusian rules set minimum standards. In practice, these points most often block a registration:
- at least 14 m² of built living space per guest and at least 25 m² in total;
- no more than 15 guests in a whole property, or 6 when letting by the room (the owner must then live there and be registered);
- two bathrooms above 5 guests, three above 8;
- natural light and outside ventilation in bedrooms and living rooms, with blackout;
- fixed cooling in the warm months and heating in the cold months;
- furnishings ready for immediate use, a first-aid kit, a 24-hour phone number and official complaint forms.
Social housing cannot be registered. Buildings tolerated outside the zoning plan (asimilado a fuera de ordenación) need express municipal authorisation.
Buying a property that is already let
A property that already operates legally is often the safest route. In Andalusia, registration is tied to the property and does not lapse automatically on sale, provided the property continues to meet the requirements. The new operator must notify the register of the change. Never accept "sold with licence" at face value, though. Before signing the preliminary contract (arras), check:
- that the VFT code is active and belongs to exactly this property;
- who the current operator is and since when;
- that tourist use is permitted under the zoning plan and no moratorium applies;
- the community's approval, the statutes and recent minutes;
- the number of authorised guests and whether the actual property matches the registration;
- that no sanction or cancellation proceedings are under way.
Do not pay a premium for a licence until it is clear that letting can continue after the transfer. If your return depends on holiday lets, have a suspensive condition included in the contract.
Returns: on paper and in practice
According to indicative estimates from our local partners, Manilva (around 7.5 per cent gross) and Málaga city (around 6.5 per cent) show high gross yields, precisely where new registrations are on hold. Torremolinos (c. 7.2 per cent) and Benalmádena (c. 6.8 per cent) combine a high gross yield with the possibility of registering. Gross is not net: management, cleaning, utilities, maintenance, taxes and empty periods still have to come off. See yield by area.
A sound investment works in more than one scenario: holiday lets, mid-term lets, long-term letting or own use. A comparison with figures is in holiday versus long-term letting. The cost of the licence itself lies mainly in adapting the property and resolving documentary or planning issues, not in the application. If in doubt, take advice from an independent lawyer.
CostaVista guides you through checking the town hall, the community of owners and the registration before you commit, and works with our local partners to set out the letting scenarios for each property. Get in touch to discuss a specific property or town.
General information, as of October 2026. This is not legal, tax or financial advice; for your own situation, consult an independent specialist.