New Rules for Real Estate Agents in Andalucía in 2026

In early 2026, a major structural change quietly began reshaping the way real estate industry will work across Andalucía. This development signals a broader transformation in market standards, one that matters to anyone buying, selling, or investing in prime property, particularly on the Costa del Sol.

At first glance, the new rules introduced for real estate agents in Andalucía may appear to be a regulatory update aimed primarily at professionals. In reality, they represent something far more important for buyers and sellers, particularly in international markets such as Marbella and the Costa del Sol.

Typical swimming pool and mountain views of villa under €5M in Marbella
Typical swimming pool and mountain views of a Marbella villa

With Law 5/2025 now in force across Andalucía, the regional government has taken a decisive step toward formalising the real estate profession, an evolution that has been increasingly overdue over the past decade. The intention is clear: to raise standards, strengthen consumer protection, and ensure that those advising on residential property transactions are properly qualified, trained, and accountable.

The changes mark an essential shift towards trust, qualification, transparency, and market confidence, qualities that matter most to discerning buyers and sellers. For established agents and informed clients alike, this is both welcome and overdue.

What’s changed and why it matters

The law, formally titled Ley 5/2025, de Vivienda de Andalucía, was published in the Boletín Oficial de la Junta de Andalucía (BOJA) on 24 December 2025 and entered into force on 24 January 2026. Ley 5/2025 is a wide-ranging housing law reviewing broader housing policy, the rental market, protected and affordable housing, urban sustainability, energy efficiency, and measures intended to improve access to housing across the region.

One of its most significant measures for the real estate industry is the introduction of a mandatory public registry for residential real estate agents. The creation of the Registro de Agentes Inmobiliarios Especializados del Sector Residencial de Andalucía (the Official Register of Residential Real Estate Agents) is a structural change in how the profession is defined and how the market safeguards consumers.

Before this law, any freelancer could operate as a real estate agent in Andalucía without qualifications, training, insurance, or oversight. In a market as international and high-value as the Costa del Sol, this created obvious vulnerabilities that sometimes haunted the market: unqualified advice, misrepresentation of properties, or mishandling of client funds.

While the registry itself will be implemented through further regulation over the coming months, the direction of travel is already firmly established. The change will bring much needed clarity and consistency to a sector that has historically been unregulated, particularly in high-demand coastal areas where international buyers rely heavily on professional guidance.

Put simply, the message from the Andalusian authorities is this: real estate intermediation is a profession, not an informal activity.

Aerial shot of Estepona East over, Granados del Mar area
Estepona East over, Granados del Mar area

Beyond Regulation: A New Baseline of Professionalism

Rather than simply creating bureaucratic hurdles, the law aims to establish real estate intermediation as a genuine profession with defined standards, qualifications, and accountability.

The stated objectives include:

  • Strengthening professional competency through qualification or experience requirements
  • Ensuring minimum levels of specialised training
  • Reinforcing consumer protection through mandatory insurance and financial safeguards
  • Promoting legal certainty and transparency in residential transactions

This approach aligns Andalucía with other forward-looking markets like Valencia, Madrid and Catalonia and signals that the region’s residential real estate sector is continuing to mature into a more structured and trustworthy environment.

Industry Insight and Open Questions

The real estate industry has anticipated formalised regulation for years, and many experienced professionals have been preparing for this shift well in advance, receiving official training or obtaining professional membership from bodies like GIPE (Gestores Inmobiliarios Profesionales Europeos), one of Spain’s most established real estate associations and CEPI (European Association of Real Estate Professions) long before it became a legal requirement.

On 29 January 2026, the changes were discussed at a professional industry event held at the Marbella International University Centre on the Golden Mile. Organised by GIPE, one of Spain’s most established real estate associations and a member of CEPI.

It’s clear that the legislation reflects what established professionals have long supported: clearer standards, stronger training requirements, and greater transparency for clients. For agents who have always operated with integrity, proper insurance, and continuous professional development, the new law validates their approach.

However, the implementation details are crucial to the long-term effectiveness of the change. For example:

  • What will be the stipulated minimum information provided throughout the training or the 100 hours experience?
  • Will there be sufficient training available in English?
  • How long will it take to be rolled out?
  • How rigorously will the industry be monitored and sanctioned?

Carefully managing these questions will translate legislative intent into market reality. It may not immediately deter some freelance agents who work outside of the normal rules, but it means they can be reported for operating without registration. Organisations like GIPE and LPA (Leading Agents of Spain) will most likely lobby online portals like Idealista and Fotocasa to help remove unregistered agents from the market.

The foundation has been laid, and the direction is sound. What’s built on it over the coming months will deliver genuine improvement in consumer protection and professional standards.

Terrace with panoramic Mediterranean sea views in villa in El Herrojo Alto, Benahavís
Sea view terrace frrom villa in El Herrojo Alto, Benahavís

Takeaway for International Buyers and Sellers

For anyone buying or selling property in Andalucía, the most important element isn’t the legal mechanics, it’s the shift in baseline expectations.

The new framework emphasises:

  • Demonstrable registration, qualifications or recognised experience
  • Ongoing professional training requirements
  • Professional liability insurance or financial guarantees
  • Clear accountability through a free, publicly available database

These are precisely the qualities discerning clients should already seek when choosing an agent, particularly when navigating complex transactions, prime properties, or cross-border purchases.

What Registration Doesn’t Solve

It’s important to be clear about what the new regulations do and do not accomplish.

Registration regulates agents, not properties. Legal due diligence, verification of title, planning status, licences, zoning compliance, and fiscal obligations remain the responsibility of independent legal advisors. No registry replaces sound legal counsel.

What the framework does provide is a baseline of professionalism, helping clients distinguish between agents who treat real estate as a serious profession.

What Serious Buyers and Sellers Should Understand

For those looking to navigate the market with confidence, the implications are more meaningful.

Consumer protection sits firmly at the centre of the framework. The law anticipates that agents will demonstrate qualifications, training and experience, which reduces the risk of poor advice or transactional missteps, supports fiduciary responsibilities and more reliable negotiation and documentation practices.

This helps reduce misunderstandings, align expectations, and build confidence across borders, especially important for international clients unfamiliar with Spanish legal and market nuances.

Golf front property views typical of luxury villas in Marbella, Costa del Sol
Golf front property views typical of luxury villas in Marbella

What This Means for Clients Today

The law is already in force, and the registry itself will take shape over the coming months. But discerning clients can choose their representation carefully from the outset, including:

  1. Ask about compliance: Any agent you engage should be able to articulate clearly how they meet or exceed the new standards. Do they hold relevant qualifications and/or professional membership? Have they completed specialised training? Does the agency carry professional insurance?
  2. Verify credentials once available: When the public registry becomes accessible, make checking an agent’s registration status a standard due diligence step, as routine as verifying a lawyer’s credentials.
  3. Look beyond minimum compliance: Registration establishes a baseline, not a ceiling. The most valuable agents demonstrate deep market knowledge, proven track records, strategic advisory capabilities, and genuine client focus that extend well beyond minimum regulatory requirements.
  4. Don’t defer decisions: The transitional period isn’t a reason to wait. It’s a reason to be more deliberate about choosing qualified, experienced representation from the outset. Established agencies with strong local presence, long-term client relationships, and demonstrated expertise have always operated to high standards, for them, the new regulations formalise existing practice rather than forcing fundamental change.

Why This Matters for Real Estate in Marbella and the Costa del Sol

Marbella property for sale is one of Europe’s most international real estate markets. Many buyers are non-resident, often purchasing remotely or relying on trusted advisors to guide them through unfamiliar legal and administrative processes.

In this context, experience really matters. The new law reinforces the importance of working with agents who understand local planning, zoning, and market dynamics, who are accustomed to coordinating with lawyers, notaries, and international clients, and who operate transparently with clear processes and documented advice.

For sellers, it also means entrusting one of their most valuable assets to professionals who are properly structured, accountable, and invested in long-term reputation rather than short-term transactions.

Raising Standards Benefits Everyone

Ultimately, the new regulation reflects the ongoing maturation of the Andalucía property market. As demand grows and transactions become more international and sophisticated, professional standards must evolve with it. This law marks a genuine turning point in professional standards and consumer protection.

For clients, this brings greater clarity and confidence.

For experienced agents, it reinforces the value of skill, training, and long-term commitment.

And for regions such as Marbella and the Costa del Sol, it supports a healthier, more transparent real estate environment built on trust, expertise, and professionalism.

Contact MPDunne if you are looking for an established and reliable real estate agent in the Marbella Golden Triangle.

MPDunne. 9 February 2026.

FAQ Andalucia Real Estate Rules

Who does the new real estate agent regulation apply to?

The scope of the law is deliberately broad. It applies to any person or company that ‘habitually and professionally’ provides intermediation, advisory, or transaction management services relating to residential property in Andalucía, whether for sales or rentals.

This includes independent agents, established agencies, and professionals working predominantly with foreign buyers and sellers. For companies, at least one responsible individual (typically a director or office lead) must meet the registration criteria, and at least 50% of staff involved in property transactions must hold the required training credential.

Is registration already mandatory if the register is not fully operational?

The law itself is already in force. However, the register will be rolled out through further regulation, and the administration has up to two years from the law’s entry into force to fully implement it.

During this transition period, the direction of travel is clear, but some practical details, such as registration procedures and renewal cycles, are still being finalised.

What qualifications will real estate agents need to register?

The law recognises multiple professional pathways, rather than a single rigid qualification. To register, an agent must meet at least one recognised route, which may include holding an official qualification, possessing a relevant university degree, demonstrating a minimum of four years’ professional experience in real estate activity, or belonging to an official association of real estate agents.

Along with the compulsory minimum 100-hour training in the previous four years to registration, this reflects the diversity of experience within the sector and allows seasoned professionals to qualify through different routes.

Is training mandatory under the new law?

Yes. In addition to professional background or experience, the law introduces a mandatory training requirement of at least 100 hours of specialised training in residential real estate intermediation and protected housing, completed within the previous four years.

For agencies, this requirement applies not only to management but also to at least 50% of staff involved in intermediation.

Are agents required to have insurance or financial guarantees?

Yes. To register, agents must maintain professional civil liability insurance or an equivalent financial guarantee. This is intended to protect clients in the event of errors, negligence, or improper handling of funds.

The minimum coverage levels and conditions will be set out in the implementing regulations, typically based on business volume.

What should buyers and sellers do differently now?

The new framework underscores the importance of carefully choosing representation. Buyers and sellers should feel comfortable asking about an agent’s experience, qualifications, approach to disclosures, and alignment with the new regulatory standards.

Rather than waiting for the registry to be fully operational, clients should use this period to work with experienced, well-established professionals who already operate to high standards.

What other changes did Law 5/2025 introduce beyond agent regulation?

Law 5/2025 is comprehensive housing legislation addressing far more than agent registration. Several provisions directly affect property buyers and sellers. The law modernises Andalucía’s protected housing regime with more flexible terms and streamlined procedures, potentially increasing affordable housing supply. It emphasises rental market supply over rent controls while strengthening legal protections against illegal occupation.

The legislation aligns housing policy with EU sustainability goals, reinforcing energy-efficiency and accessibility standards, which means green homes and rehabilitated properties are likely to command stronger valuations going forward. Finally, inspection powers and sanctioning mechanisms are reinforced across the housing sector, creating clearer rules and reducing irregular practices.

While these changes primarily affect developers and landlords rather than individual transactions, they collectively aim to create a more structured, sustainable, and supply-focused residential market across Andalucía.

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