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, with further developments through 2026. Most importantly, fully registered 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 clarified the process for obtaining a tourism permit in Andalusia, as well as the status of existing tourism rental licenses following property sales. From February 2026, owners are also required to file an annual informative return on their rental activity. The system is currently under review at European level through the TRIS procedure, but all existing obligations remain fully in force. Below is what you currently need to know about rental licenses in the Costa del Sol, Andalusia.

This ongoing 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.

When do you need a short-term rental license in Andalucia?

Decree 31/2024, of January 29, that defines Properties with Tourist Use (Vivienda de Uso Turístico) establishes that holiday rentals are rentals of periods of 60 days or less to the same tenant. Beyond 60 days, the rental is governed by Seasonal Rental (Arrendamiento de Temporada) rules, and no rental license is required.

This means that if you plan to rent a property for periods less than 61 days, you must first obtain a short-term rental license, or risk fines of up to €150,000. In fact, you can not even list it on online short-term platforms like Airbnb, Booking.com, or any similar site without the national registration number.

It is important to note that the national registration requirement, introduced under Royal Decree 1312/2024, applies more broadly than tourist rentals alone. The obligation also covers stays for work-related assignments, study periods and medical treatment, as well as individual rooms let on transactional platforms, including situations where an owner lives in the property and rents out separate bedrooms.

Key Property Tourist License Changes in 2025 and 2026

After years of uncertainty surrounding the process of obtaining and maintaining tourist licenses, the regulatory framework is now significantly clearer. The Decreto ley published in February 2025 introduced the requirement for municipal authorisation, alongside community approval (3/5 majority) for new tourist rentals in shared buildings. Each community must vote on whether to allow new short-term rental licenses every year, but can not revoke existing nationally registered licenses.

Recent clarifications at both regional and national level have strengthened legal certainty for property owners and investors, particularly regarding ownership changes and ongoing compliance. Despite this, the existing system is currently being investigated and challenged at various levels, including private law suits in town hall county areas where strict local regulations have been implemented.

1. Rental Permits Transfer with Property Ownership

Spain’s Directorate-General for Legal Security and Public Faith has confirmed that tourist rental registrations (VFT) are attached to the property rather than the individual owner.
In practice, this means:

• Properties with a registered tourist license at national level remain valid after a property sale
• New owners can generally continue short-term rental activity without reapplying for a new national rental code
• The buyer must complete a cambio de titularidad (change of ownership) with the Andalusian Tourism Registry and national level

This provides important continuity for investors, as licensed properties can continue operating without interruption, provided all regulatory requirements remain in place.

It is worth noting that the national registration number, known interchangeably as the NRU (Número de Registro Único), NRA or NRUA (Número de Registro de Arrendamientos), is linked to the registered owner. These terms refer to the same registration code, issued through Spain’s Ventanilla Única Digital de Arrendamientos (VUDA), the national digital window managed by the Ministry of Housing and Urban Agenda via the Spanish Land Registry. Following a purchase, the new owner must need to update or revalidate this registration alongside the change of titleholder.

Puente Romano looking to La Concha mountain and the Golden Mile beach promenade, Marbella

2. No Additional Community Permission Needed upon Purchase

In early 2025, there was uncertainty around whether new owners needed fresh approval from the community of owners to continue an existing tourist rental activity. The Junta de Andalucía has since clarified that:

• Where a property is already operating as a registered tourist rental, and the use was legally established,
• If properly registered nationally, a change of ownership does not trigger a new requirement for community approval
• When the law was changed in April 2025, it was understood that when a property was sold, the new owner needed to obtain a 60% majority approval from the homeowners’ urbanisation board to maintain the license.
• In October 2025, the Junta de Andalucía confirmed in writing to a clarification requested by Pérez de Vargas Abogados that it is no longer necessary to provide the express and valid approval of the Community of Property Owners in cases of a change of ownership of properties holding an existing short-term rental license.

This effectively confirms that existing, compliant tourist use is treated as non-retroactive under the updated framework, ie. existing nationally registered tourist licenses remain intact through the sale, provided the property continues to meet the legal requirements for tourist rentals in Andalusia and Spain. However, new owners must:

• Inform the ministries of the change of ownership
• Comply with existing community statutes and agreements
• Ensure the property remains within regulatory and planning requirements

This clarification has been key in restoring confidence among buyers, as it removes a layer of uncertainty that had previously complicated transactions.

3. Two Parallel Compliance Layers: Regional Licence and National Code

Spain’s national rental code does not replace existing regional tourist licence regimes. In most cases, owners of holiday homes will need to navigate both systems, as well as any internal rules set by their building’s community of owners. The two layers serve different purposes:

• Regional tourist licence (VFT in Andalusia): granted by the Andalusian tourism authority. Authorises the use of a property as tourist accommodation within the region. Requires proof that the property meets local standards on safety, amenities and, increasingly, community approval.
• National rental code (NRU / NRA / NRUA via VUDA): a national digital identifier tied to the property once registered in the VUDA system. Issued via the Land Registry rather than by regional tourism offices. Must be displayed in all listings on platforms that process bookings and payments.

In addition, all hosts must comply with mandatory guest registration via SES.Hospedajes (the Interior Ministry’s traveller registration system). For most owners using platforms such as Airbnb or Booking.com, both the VFT number and the national code must be active and displayed for listings to remain live.

This multiple-step system is currently being questioned by European digital watchdogs and challenged locally, and may change in the coming months.

4. New Annual Informative Return: From February 2026

Royal Decree 1312/2024, complemented by Order VAU/1560/2025, introduced a mandatory annual informative return on short-term and seasonal rentals, designed to give the authorities a detailed picture of occupancy and usage across Spain’s short-stay sector.

Who must file: Owners and hosts who offer short-term or seasonal accommodation in Spain for temporary purposes, including holiday and tourist stays, employment-related stays and study-related accommodation, where the property operates under a national rental code. The return must be filed even if the property has not been rented during the year.

When the return must be filed: The informative return is an annual declaration submitted every February, covering lettings made in the previous calendar year under each rental code.

• For the first year, the return covered bookings made in 2025. The final date for submission was 2 March 2026, offering a short grace period beyond February.
• From 2027 onwards, the deadline is expected to fall within February, though exact dates depend on future administrative calendars.

What information the return includes: For each stay linked to a rental code, the return must state:

• Purpose of the stay
• Number of guests for each booking
• Date of arrival
• Date of departure

Failure to file may result in revocation of the national rental code, prompting major platforms to remove or block associated listings, so the annual return is now a meaningful operational item rather than a paperwork formality.

5. A More Structured Investment Landscape

While the framework is now more detailed, it is also more transparent. The introduction of national registration and reporting systems is designed to professionalise the sector, improve oversight, and reduce unlicensed activity. For property owners and investors, the key takeaway is that:

• Licensed properties offer strong continuity and resale value
• New applications remain possible in Marbella and across most parts of the Costa del Sol
• Compliance is more structured, but entirely manageable with the right guidance

With the correct setup and ongoing administration, short-term rental properties remain a viable and attractive investment across Andalusia.

EU Framework and Ongoing TRIS Review of Spain’s Registry

Spain’s national rental registry sits within the wider European framework set by EU Regulation 2024/1028, which takes full effect on 20 May 2026. The regulation requires all Member States to have interoperable digital registration systems in place and mandates that booking platforms share monthly activity data with local authorities. It standardises how data is collected and exchanged across the EU, but does not override national or regional licensing systems.

While the Spanish national system is fully operational and legally binding, it is also currently under formal review at European level. Several Spanish autonomous regions, including Andalusia, Valencia, Murcia and the Canary Islands, have challenged the legality of the central government’s single-registry approach, arguing it duplicates existing regional tourist licence regimes and overreaches central government competence over tourism, which is constitutionally devolved to the regions. Industry bodies including Fevitur (the Spanish Federation of Tourist Housing and Apartment Associations) have echoed these concerns, calling for greater regional autonomy and a more proportionate framework.

The matter has been raised through the European Union’s TRIS procedure (Technical Regulation Information System), a preventive mechanism that assesses whether national legislation is compatible with EU law.

What this means in practice: The TRIS review does not suspend or override the current rules. Royal Decree 1312/2024 remains fully in force, the national rental code remains mandatory for properties listed on transactional platforms, and annual reporting obligations continue to apply. However, the system may be revised, simplified, or partially restructured following the review, particularly as it aligns with EU Regulation 2024/1028 from 20 May 2026.

For property owners and investors, the practical takeaway is straightforward: comply now with the existing framework, and stay informed as the regulatory landscape continues to evolve. We will update this article as further clarifications emerge.

How to Get a Tourist Rental License in Andalusia

Currently, new rental licenses in shared buildings still require approval bvy 60% majority of a community vote, 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, the process currently operates across regional and national levels. Here’s your step-by-step process of the legal registration and permission for tourist accommodation in Andalusia.

Step 1: Verify the Eligibility of Property

• 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), but most will have already had a recent vote or upcoming vote planned.
• Communities (or urbaniszaciones as they are called in Spain) will all vote whether or not they will allow short-term rentals. So new licenses can only be granted in communities that vote yes, which is a very small share of complexes in the Costa del Sol.

Establishing these points early helps avoid delays later in the process.

Step 2: Municipal Authorisation

• Applicants must obtain confirmation from the local town hall that the property is suitable for tourist use from an urban planning perspective.
• This is typically done by submitting a declaración responsable urbanística, confirming that the property complies with zoning and planning regulations. Requirements may vary slightly between municipalities, so local guidance is advisable.

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

• Submit your license application through the Junta de Andalucía’s tourism online portal: Vivienda con Fines Turísticos (VFT).
• This is completed by submitting a declaración responsable confirming that the property complies with all legal requirements.
• You will need to provide:
  – Proof of ownership (nota simple or title deed)
  – Identification (DNI/NIE)
  – Property details, including capacity and availability
  – Supporting documentation where applicable (e.g. community approval, municipal authorisation)
• Upon registration, you receive a VFT license number (e.g., VFT/MA/12345), which must be displayed on all rental listings.

Step 4: Register with the National VUDA System and Obtain the Rental Code

Since July 2025, properties listed on platforms that handle online bookings and payments (such as Airbnb or Booking.com) must also obtain a national rental code (NRU / NRA / NRUA).

This is completed through the Ventanilla Única Digital de Arrendamientos (VUDA), managed via the Spanish Land Registry system, including:

• Submitting the property’s cadastral reference and registry details
• Verifying ownership through a digital certificate or Cl@ve system
• Receiving a provisional number, which becomes definitive after review

The national code must be displayed alongside the VFT number on all applicable listings on booking platforms in Andalusia. While it does not expire, it is linked to ongoing compliance and the annual reporting obligation introduced in February 2026.

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.
• File the annual informative return linked to the national rental code each February, covering activity from the previous calendar year (even if the property has not been rented).
• Maintain appropriate liability insurance.
• Declare rental income and pay your rental property taxes.

With the correct setup, these requirements are manageable and form part of a more transparent and professionalised rental market.

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.

Penalties for Non-Compliance

The framework now combines high potential fines with the risk of losing the right to operate a short-term rental legally. Two distinct categories of non-compliance carry different consequences.

Failure to register or display the rental code: Where an owner advertises or operates a short-term or seasonal rental but has not obtained a national rental code, or has a code but does not include it in their listings on in-scope platforms, they can face:

• Administrative fines, which under regional tourism and housing laws can reach hundreds of thousands of euros in serious cases (up to €150,000 in Andalusia, with higher caps possible in some regions)
• Removal of listings by major platforms, including Airbnb, Booking.com and Vrbo
• Suspension of the right to operate as a short-term landlord

Failure to file the annual informative return: If an owner who is required to file the return does not submit it by the deadline, or submits an incomplete or misleading report, the authorities can:

• Revoke the national rental license, effectively removing the property from the list of authorised short-term rentals
• Notify major platforms that the code is invalid, prompting them to remove or block listings associated with that identifier
• Open the way for additional regional enforcement action if the owner continues to let the property without a valid code or tourist licence

For owners and managers, the practical implication is that ongoing administration, not just initial registration, is now central to operating a compliant short-term let.

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).

Can my property get a license?

With the changes introduced in 2025, all town-hall or municipality offices have their own policies towards whether to allow short-term rental licenses in Andalucía. If you are considering purchasing a property for short-term investment purposes that does not already hold a license, it is essential to know whether the specific:

1. Community or urbanisation of the property you are considering has voted yes or no to short-term rentals.
2. County (also known as town hall, municipality or ayuntamiento in Spanish) allows short-term rental licenses, and if so, under what conditions. Which Costa del Sol counties allow short-term rentals?

On the Costa del Sol, two municipalities have stated they will not issue short-term rental licenses for 3 years. Specifically, Malaga Town Hall from August 2025 and Manilva Town Hall from December 2025, while Mijas Town Hall has imposed conditions on granting rental licenses.

In these counties, you must also check that any property that you are purchasing supposedly with a tourist license has been registered at all levels, as town halls are sometimes blocking progression to the national level even if earlier steps have been undertaken, although these are being legally challenged across many levels. If considering purchasing a property, you are advised to consult a lawyer who will review community statutes and county regulations to determine whether the property could qualify for a short-term license.

Why the Changes Matter for Property Owners and Investors

To the relief of rental property investors from Spain and abroad, the 2025–2026 clarifications provide better conditions for both owners and buyers interested in short-term lets throughout Andalusia. Firstly, the changes enhance legal security, with NRU 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.

Investor Takeaway: What Buyers Need to Know

Although the system currently involves multiple steps, it is ultimately designed to provide greater clarity and security for property owners.

For investors and homeowners in Marbella and the Costa del Sol, the key advantage is that once a property is correctly registered and compliant, it can operate with a high degree of legal certainty: an increasingly important factor in today’s market.

• Licences transfer with the property. In most cases, a registered NRU licence remains in place after purchase, allowing continuity of rental activity with a simple change of ownership registration, although you do need to register the change of ownership both at regional and national levels.
• Existing rentals are protected. Established, legally registered tourist rentals are generally not affected by the new community approval rules, offering added security when acquiring licensed properties.
• National registration applies in parallel. Properties listed on platforms such as Airbnb or Booking.com must also hold a valid national rental code (NRU / NRA / NRUA), which should be verified as part of any purchase.
• Annual reporting is now mandatory. From February 2026, owners with a national rental code must file an annual informative return covering the previous year’s bookings, even if the property was not rented. Failure to comply can result in revocation of the code.
• Compliance is ongoing, not one-off. Owners must meet annual reporting and guest registration obligations, reflecting a more structured and professionalised rental market.
• The system is under European review. The TRIS procedure is currently examining Spain’s national registry, but this does not suspend current rules: full compliance remains required.
• Marbella remains an active investment market. Despite increased regulation, new licences are still achievable, and the ability to acquire operational rental properties continues to present strong investment potential across the Costa del Sol.

Conclusion

Marbella and the Costa del Sol remain open for business in the tourist property rental market. With 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 recent clarifications that permits 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 and the European TRIS review of Spain’s registry progresses. 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.

Published April 2025. Last updated 30 April 2026.