Tourist Rental Licenses in Marbella Andalusia in 2026

In a pivotal year for Marbella property owners and investors, regulations for short-term rental licenses in Andalusia underwent significant changes in 2025. Most importantly, holiday rental licences transfer with the property upon purchase: good news for investors, vacation home owners and the Andalusian property market.

Holiday Rental License Updates

The Andalusian short-term rental industry has long been part of the housing shortage debate, sparking media scrutiny, speculation and political attention for years. With the introduction of a new three-tier national licensing system in 2025, the government has clarified the process for obtaining a tourism permit in Andalusia, as well as the status of existing tourism rental licenses following property sales.

The clarification offers greater security of legal status when investing in short-term rental properties in Marbella and the Costa del Sol, further solidifying the Andalusian property industry as a secure location for holiday rental investments and enhancing the local property market.

Key Property Tourist License Changes in 2025

After years of debate and uncertainty surrounding the process of obtaining and maintaining tourist licenses, short-term rental rules are now clear. The Decreto ley, published in February 2025, introduced the new requirement that owners need local town hall authorisation to obtain a tourist license. Additionally, any property that is part of a multi-owner building (under a horizontal property/condo regime) must receive explicit approval for the tourist use from the community of owners by a three-fifths or 60% majority.

The introduction of these requirements left uncertainties about the transfer of existing licenses upon the purchase of a tourist-registered property and how difficult it would be to obtain the necessary permissions, putting strain on buyers wanting to enter the short-term rental market in Andalusia. Much to the relief of owners, investors, and real estate professionals, these uncertainties have now been clarified as follows.

1. Rental Permits Transfer with Property Ownership

In late August 2025, Spain’s Directorate-General for Legal Security and Public Faith (Dirección General de Seguridad Jurídica y Fe Pública) confirmed that tourist rental licenses in Andalusia are tied to the property, not the individual. As a result:

• A registered tourist license remains valid after a property sale and transfer of ownership.
• As we explain below, new owners of properties in shared buildings can continue short-term rental operations without needing additional approval from the community of owners.
• The buyer should notify the Andalusian Tourism Registry of the change in ownership.

In practice, this means that the license remains valid upon purchasing registered properties, allowing new owners to offer short-term rental accommodation immediately upon purchase, without obtaining any additional permissions. This legal clarification provides much-needed investment security and continuity for real estate transactions in the holiday rental sector in Marbella and Andalusia, where short-term rental properties are abundant.

2. No Community Permission Needed upon Purchase

Until October, the Junta de Andalucía had required permission from the community board of owners to extend an existing license for new owners in privately managed communities. Specifically, when a property was sold, the new owner needed to obtain a 60% majority approval from the homeowners’ urbanisation board to maintain the license. This uncertainty sometimes deterred potential buyers or delayed transactions.

However, the Junta de Andalusia has now confirmed in writing to a clarification requested by Pérez de Vargas Abogados that it’s “no longer necessary to provide the express and valid approval of the Community of Property Owners in cases of a change of ownership involving the transfer of the property.” This means that the existing tourist license remains intact through the sale, provided the property continues to meet the legal requirements for tourist rentals in Andalusia and Spain. That said, new owners must inform the ministry of the change of ownership, and continue to comply with any agreements the previous owners had with the community board of owners.

The clarification has been crucial in reassuring potential buyers of continued rental gains and opportunities. Buyers can now purchase with confidence, knowing they can continue to rent out the property without any administrative issues. This simplifies the property purchase process, strengthens Andalusia as an attractive destination for rental investment, and enhances the property market: a very welcome clarification for the Costa del Sol’s property industry.

How to Get a Tourist Rental License in Andalusia

Despite the recent clarifications, new rental licenses in shared buildings still require approval from the community and application through the three-tier national system. If you’re preparing to list your property on the short-term rental market in Marbella, Benahavís, Estepona, or anywhere in the Costa del Sol, here’s your step-by-step process of the legal registration and permission for tourist accommodation in Andalusia.

Step 1: Verify Eligibility

• Ensure the property meets Andalusian tourism rental housing standards set out in Decree 28/2016 (e.g., ventilation, air conditioning, heating, minimum size, furnishings, amenities, emergency information, house rules, etc.).
• If in a shared building, confirm that tourist rentals are not prohibited in the community statutes, and request written permission from the administration to operate a tourist property at the specific property. Note that this process may take time if you need to wait for a community of owners’ vote (HOA).

Step 2: Municipal Authorisation

• Once you have the above, submit a declaración responsable urbanística to the relevant town hall to confirm zoning compliance and receive municipal permission.

Step 3: Register with the Andalusian Tourism Registry (RTA)

• Submit your license application through the Junta de Andalucía’s tourism online portal.
• Include property documents, nota simple, owner ID, community HOA approval where applicable, town hall approval showing regional authorisation, and a responsible declaration that the property meets tourism accommodation requirements. You will also need to provide the maximum capacity of the accommodation, as well as the availability period of the property.
• Receive a VFT license number (e.g., VFT/MA/12345), which must be displayed on all rental listings.

Step 4: Register with the National NRU System

• Apply for NRU tourist property license through the national registration portal, providing your regional license and property details.
• Display the NRU code on all booking platforms.

Step 5: Meet Operational Standards

• Provide and maintain 24/7 contact information, emergency plans, air conditioning, a first aid kit, legal signage, and all other items required by Decree 28/2016.
• Comply with ID registration via Spain’s traveller portal (SES.Hospedajes). This will require you to submit the details of all your short-term guests over 18 years of age within 24 hours of their arrival, as required by Real Decreto 933/2021 on traveller registrations.
• While the national NRU code does not expire, you must file an annual report of rental activity to keep it active, a measure to control illegal rentals and improve tax oversight.
• Maintain appropriate liability insurance.
• Declare rental income and pay your rental property taxes.

Local town halls can also levy specific charges on tourist accommodations. For example, some municipalities (like Málaga, Fuengirola, etc.) have reclassified holiday rentals so that they pay a higher rate for municipal garbage collection (on par with commercial establishments). Marbella has not yet imposed such a surcharge citywide, but owners should stay aware of any future municipal tax or fee changes.

Marbella’s Position on Short-Term Rental Licensing

With over 15,000 active private tourist accommodations listed, Marbella accounts for approximately 10% of the 150,000 registered in Andalusia as of August 2025, representing the highest short-term rental property density on the Costa del Sol. Studies suggest that this represents 15% of all homes in Marbella, but only around 32% of those are actually being advertised or rented at any given time. In 2023, it was estimated that tourist-licensed rentals in Marbella generated around €100 million for the local economy, so the topic is critical to many homeowners and investors.

Despite ongoing regional pressure, Marbella has not imposed a cap on tourist license numbers like Málaga, rather it maintains oversight and controls. Specifically, in February 2025, Mayor Ángeles Muñoz announced that Marbella is drafting a new municipal ordinance and Municipal Registry of Tourist Dwellings to regulate holiday rentals more closely, as well as enforcing rules against converting ground-level commercial premises into tourist units. Marbella is also exploring future zoning-based restrictions in its new General Urban Plan (PGOU).

Why the Changes Matter for Property Owners and Investors

To the relief of rental property investors from Spain and abroad, the 2025 clarifications provide favourable conditions for both owners and buyers interested in short-term lets throughout Andalusia. Firstly, the changes enhance legal security, with licenses remaining valid through property transfers. This simplifies the transaction process when purchasing registered properties by removing the uncertainty of community permissions. Buyers of licensed properties can continue renting short-term, an opportunity that offers substantial return on investment and avoids the risks of okupas in the long-term rental market. Similarly, the changes enhance clarity and compliance, with a national registry enforcing transparency across platforms and improving property values, as transferable licenses boost the resale attractiveness of properties.

For foreign and local property owners in Marbella, the key takeaway is that the rules have become more complex, but tourist letting remains feasible and profitable if done correctly. Since Marbella has not capped new licenses, investors can continue to apply to register new holiday homes, but must now clear the additional hurdles of community consent and municipal approval. The Andalusian Tourism Ministry has also increased inspections and encourages neighbours to report unlicensed rentals (since April 2025, even community associations can directly report suspected illegal tourist flats to authorities). All this signals that a more accountable, professionalised tourist rental market is emerging.

Conclusion

Marbella and the Costa del Sol remain open for business in the tourist property rental market. With new requirements from both the Andalusian government and national authorities, proper licensing is now both more secure and more structured, striking a balance between promoting tourism and protecting housing affordability for locals. The most recent clarifications that permit remain in place when properties are bought and sold are very welcome by investors, owners of vacation homes, and the Andalusian property industry in general: enhancing its attractiveness as an investment location.

Property owners should act early, ensure full compliance, and monitor local regulatory developments, particularly as local town hall plans are formalised. With proper licensing and management, tourist rentals can continue to be a rewarding venture on the Costa del Sol, now under greater scrutiny but still very much a part of the region’s economic landscape and future.

Contact MPDunne for trusted advice and insights into investment opportunities in the Costa del Sol area.