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. In 2025, the government introduced a new national licensing system that clarified the process for obtaining a tourism permit in Andalusia, as well as the status of existing tourism rental licenses following property sales. That national layer has since been struck down: on 21 May 2026, Spain’s Supreme Court annulled the national short-term rental registry (the NRU/NRUA) under Judgment 620/2026, returning the regulation of tourist rentals to Spain’s autonomous regions. In Andalusia, the regional VFT licence remains the single mandatory registration for short-term letting. 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. You cannot list a property on short-term platforms such as Airbnb or Booking.com without a valid Andalusian VFT registration number.

It is worth noting that the former national registration requirement, introduced under Royal Decree 1312/2024, applied more broadly than tourist rentals alone, covering stays for work-related assignments, study periods and medical treatment, as well as individual rooms let on transactional platforms. That national registry has now been annulled by Spain’s Supreme Court. However, guest reporting obligations and platform data-sharing requirements remain fully in force regardless of that ruling.

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 has evolved significantly. 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, but cannot revoke existing registered licenses. The national registry introduced in parallel was subsequently annulled by Spain’s Supreme Court in May 2026, returning regulatory authority to the regions.

Recent clarifications at regional level have strengthened legal certainty for property owners and investors, particularly regarding ownership changes and ongoing compliance. Despite this, aspects of the existing framework continue to be investigated and challenged at various levels, including private lawsuits in town hall 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 VFT tourist licence remain valid after a property sale
• New owners can generally continue short-term rental activity without reapplying for a new licence
• The buyer must complete a cambio de titularidad (change of ownership) with the Andalusian Tourism Registry

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

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,
• 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 licence.
• 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 licence.

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

• Notify the Andalusian Tourism Registry 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. The Compliance Framework After May 2026

Following Spain’s Supreme Court ruling of 21 May 2026, the national rental code (NRU/NRA/NRUA) issued through the Ventanilla Única Digital de Arrendamientos (VUDA) is no longer a mandatory requirement. The court found that the State lacked constitutional authority to create a national registry that overlapped with the regional tourist licence systems already operated by Spain’s autonomous communities, of which tourism is an exclusive regional competence.

For property owners in Andalusia, the compliance picture is now clearer:

• Regional tourist licence (VFT in Andalusia): this remains the single mandatory registration for short-term letting. Granted by the Andalusian tourism authority, it authorises the use of a property as tourist accommodation and must be displayed on all listings. Obtaining it requires proof that the property meets local standards on safety, amenities and, for new licences in shared buildings, community approval.
• National rental code (NRU/NRUA): no longer required. The Supreme Court’s Judgment 620/2026 annulled the requirement to register with the national VUDA system. Properties that had already obtained an NRU/NRUA are not required to maintain or renew it, and new applicants do not need to obtain one.

In addition, all hosts must continue to comply with mandatory guest registration via SES.Hospedajes (the Interior Ministry’s traveller registration system). Platform data-sharing obligations, including the requirement for booking platforms to transmit activity data to the Digital Single Window, were upheld by the court and remain fully in force. For owners using platforms such as Airbnb or Booking.com, a valid VFT number is now the primary registration required for listings to remain live.

4. Annual Informative Return: Status Following the May 2026 Ruling

Royal Decree 1312/2024, complemented by Order VAU/1560/2025, had introduced a mandatory annual informative return on short-term and seasonal rentals, linked directly to each property’s national rental code (NRUA). The return was designed to give authorities a detailed picture of occupancy and usage across Spain’s short-stay sector, and the first filing deadline was 2 March 2026, covering lettings made during 2025.

The requirement to file arose in part from the same European context that shaped the wider regulatory reform. Spain’s national rental registry had been challenged through the EU’s TRIS procedure (Technical Regulation Information System), a preventive mechanism that assesses whether national legislation is compatible with EU law. Several autonomous regions, including Andalusia, Valencia, Murcia and the Canary Islands, had raised concerns that the central government’s approach duplicated existing regional systems and overstepped constitutional boundaries. That challenge found its domestic resolution on 21 May 2026, when Spain’s Supreme Court annulled the national registry under Judgment 620/2026.

With the national NRUA annulled, the legal status of the annual informative return is currently in a grey area. The obligation was tied directly to the national rental code, and no official clarification has yet been issued as to whether it continues to apply, is suspended, or will be replaced by an alternative regional mechanism. The Digital Single Window and platform data-sharing obligations were upheld by the court, so information flows will continue in some form, but the precise reporting requirements for individual owners remain to be confirmed.

Practical guidance: Owners who filed the return for 2025 activity before the March 2026 deadline have fulfilled that obligation in full. For the 2026 reporting cycle and beyond, owners should seek legal advice and monitor for official guidance from the Ministry of Housing or the Junta de Andalucía. We will update this section as clarification is issued.

5. A More Structured Investment Landscape

While the regulatory framework has evolved considerably, it is also becoming more coherent. The removal of the national registration layer simplifies the process for owners in Andalusia, where the VFT system is well established. For property owners and investors, the key takeaways are 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 now more streamlined, centred on the regional VFT licence, and 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 the Supreme Court Resolution

EU Regulation 2024/1028, which came into full effect on 20 May 2026, 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.

Spain’s national rental registry had been challenged both domestically and at European level. Several autonomous regions, including Andalusia, Valencia, Murcia and the Canary Islands, contested the central government’s approach, arguing that it duplicated existing regional tourist licence regimes and overreached the constitutional competence of central government over tourism, which is devolved to the regions. Industry bodies including Fevitur (the Spanish Federation of Tourist Housing and Apartment Associations) had echoed these concerns. The matter was also raised through the EU’s TRIS procedure, a preventive mechanism that assesses whether national legislation is compatible with EU law.

That challenge was resolved domestically on 21 May 2026. Spain’s Supreme Court, in Judgment 620/2026, annulled the national registry, finding that the State lacked constitutional authority to create a registration system that ran parallel to those already operated by the autonomous communities. The ruling upheld the Digital Single Window and platform data-sharing obligations, ensuring that the EU’s data flow requirements continue to be met, while returning the licensing function to the regions.

What this means in practice: EU Regulation 2024/1028 remains in force, and Spain’s regions, including Andalusia, are now responsible for ensuring their registries are compatible with its requirements. The VFT system in Andalusia is well established and continues to serve as the primary compliance mechanism for property owners. Platform reporting obligations are unchanged.

For property owners and investors, the practical takeaway is straightforward: ensure your VFT licence is current and correctly displayed, comply with guest registration obligations, and stay informed as any further guidance is issued at regional or European level. We will update this article as the situation develops.

How to Get a Tourist Rental License in Andalusia

Currently, new rental licences in shared buildings require approval by a 3/5 majority community vote, followed by regional registration. The national VUDA registration step, previously Step 4 in this process, is no longer required following Spain’s Supreme Court ruling of May 2026.

If you are preparing to list your property on the short-term rental market in Marbella, Benahavís, Estepona, or anywhere in the Costa del Sol, here is the current step-by-step process for obtaining 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 address. 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 urbanizaciones as they are called in Spain) vote on whether or not to allow short-term rentals. New licences can only be granted in communities that vote yes, which represents a very small share of complexes on 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 licence 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 licence number (e.g., VFT/MA/12345), which must be displayed on all rental listings. This is now the primary registration required to list your property on booking platforms in Andalusia.

Step 4: 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 requires you to submit the details of all short-term guests over 18 years of age within 24 hours of their arrival, as required by Real Decreto 933/2021 on traveller registrations.
• 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 and Fuengirola) 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 combines significant potential fines with the risk of losing the right to operate a short-term rental legally. The primary compliance obligation in Andalusia is now the regional VFT licence.

Failure to hold or display a valid VFT licence: Where an owner advertises or operates a short-term rental without a valid regional VFT licence, or holds a licence but does not display it on listings, they can face:

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

Guest registration obligations: Failure to comply with traveller registration requirements via SES.Hospedajes can also result in enforcement action. Booking platforms continue to share activity data with Spanish tax authorities and the Digital Single Window regardless of the national registry ruling, so rental income remains fully visible to Hacienda.

Regarding the annual informative return: The annual reporting obligation linked to the national rental code (NRUA) is currently in a legally uncertain position following the May 2026 Supreme Court ruling. Owners who filed for 2025 activity have met their obligation for that period. The position for future filing cycles is pending official clarification. We recommend monitoring for guidance from the Ministry of Housing or the Junta de Andalucía.

For owners and managers, the practical implication is that the VFT licence and guest registration are now the central compliance priorities, and ongoing administration in both areas is essential.

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 licence numbers as Málaga has done. Instead 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 and 2026, all town-hall or municipality offices have their own policies on whether to allow short-term rental licences in Andalucía. If you are considering purchasing a property for short-term investment purposes that does not already hold a licence, it is essential to know whether the specific:

1. Community or urbanización 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 licences, and if so, under what conditions.

On the Costa del Sol, two municipalities have stated they will not issue short-term rental licences for three years: Málaga Town Hall from August 2025 and Manilva Town Hall from December 2025. Mijas Town Hall has imposed conditions on granting rental licences.

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 licence.

Why the Changes Matter for Property Owners and Investors

The 2025 to 2026 regulatory developments provide better conditions for both owners and buyers interested in short-term lets throughout Andalusia. The confirmation that VFT licences transfer with the property on sale removes the uncertainty that had previously complicated transactions. Buyers of licensed properties can continue renting short-term immediately after purchase, offering a clear return on investment and avoiding the risks of okupas in the long-term rental market.

The May 2026 Supreme Court ruling adds a further positive dimension: by annulling the national registration layer, it simplifies the compliance framework for Andalusian owners, who now operate under the well-established regional VFT system alone. Property values are supported by the transferability of licences and the regulatory clarity this brings.

For foreign and local property owners in Marbella, the key takeaway is that tourist letting remains feasible and profitable if done correctly. Marbella has not capped new licences, so investors can still apply to register new holiday homes, provided they clear the hurdles of community consent and municipal approval. The Andalusian Tourism Ministry has increased inspections and, since April 2025, community associations can directly report suspected unlicensed tourist flats to authorities. A more accountable, professionalised tourist rental market is clearly emerging.

Investor Takeaway: What Buyers Need to Know

Although the system has evolved considerably, it is now more straightforward than at any point since 2024. 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.

• Licences transfer with the property. A registered VFT licence remains in place after purchase, allowing continuity of rental activity with a simple change of ownership notification to the Andalusian Tourism Registry.
• Existing rentals are protected. Established, legally registered tourist rentals are generally not affected by the community approval rules introduced in 2025, offering added security when acquiring licensed properties.
• The national NRUA is no longer required. Following Spain’s Supreme Court ruling of 21 May 2026, the national rental code (NRU/NRA/NRUA) has been annulled. The regional VFT licence is now the primary registration required to list a property on booking platforms in Andalusia. When purchasing a property previously marketed with an NRUA, verify that the Andalusian VFT registration is current and correctly held.
• Annual reporting status: pending clarification. The annual informative return was tied to the now-annulled national rental code. Its future status is under review, and owners should monitor for guidance from the Ministry of Housing. Guest registration via SES.Hospedajes and platform data-sharing obligations remain unchanged.
• Compliance is ongoing, not one-off. Owners must meet guest registration obligations and keep their VFT registration current, reflecting a more structured and professionalised rental market.
• EU alignment remains relevant. EU Regulation 2024/1028 is now in force, and Andalusia’s VFT system serves as the regional mechanism through which Spain meets its EU data and registration obligations. Platform reporting continues as before.
• Marbella remains an active investment market. Despite increased regulation at municipal level, 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 the national registration layer removed by the Supreme Court ruling of May 2026, and the regional VFT system confirmed as the governing framework in Andalusia, the licensing landscape is more coherent than it has been for some time. The clarity that licences transfer with the property on sale continues to be welcome news for investors, vacation home owners and the Andalusian property market in general.

Property owners should ensure their VFT licence is current, comply with guest registration requirements, and monitor for any further guidance on the annual informative return obligation. With proper licensing and management, tourist rentals remain a rewarding and viable venture on the Costa del Sol: now under greater scrutiny, but supported by a clearer and more regionally grounded legal framework.

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

Published April 2025. Last updated 29 May 2026.