Buying a holiday rental property in Andalucía: a pre-purchase checklist
By the Spain Rental Licence Check team · Published 24 September 2026 · Updated 24 September 2026 · 8 min read
Buying a home on the Costa del Sol with plans to let it to holidaymakers can work well — but only if the property can legally be used as a holiday rental. Rules have tightened since 2024, and some buyers have discovered after completion that letting is restricted. This checklist covers the main points to raise with your lawyer.
1. Is the property already registered?
If the seller says the property has a tourist licence, ask for the registration number and check it on the official register or on our licence checker. Confirm that it matches the exact door and floor. In Andalucía, the registration is linked to the property and the operator declaration, so ask your lawyer how it will be transferred or re-declared after purchase.
2. What do the community statutes say?
Since the April 2025 reform of the Ley de Propiedad Horizontal, a community of owners can prohibit or limit new tourist lettings with a three-fifths majority. Ask for the statutes and the last few years of meeting minutes, and look for any vote on tourist use.
3. Are there municipal restrictions?
Some municipalities, most notably Málaga city, restrict new holiday rentals in certain districts or require independent street access. Others, such as Marbella, have no blanket suspension. Check the current municipal position for the exact address before committing.
4. Planning and occupancy
A valid registration depends on the property being lawful. Ask for the first occupation licence (licencia de primera ocupación) or equivalent, and check for any planning infringement files, particularly on rural or semi-rural villas.
5. Capacity, equipment and running costs
Registered capacity limits how many guests you can accept, which directly affects income. Also factor in the equipment required by Decreto 28/2016 (such as air conditioning in certain seasons, first-aid kits and information for guests), community fees, IBI property tax, non-resident income tax and the national rental registration number required on platforms.
Before you sign
Use an independent lawyer, not one recommended by the seller or agent, and ask for their findings in writing. Our checker is a useful first step, but it does not replace legal advice.
Check a registration number
Enter the regional tourism registration shown on the accommodation listing, exactly as it appears. If you enter a recognised national ESFCTU identifier, we’ll explain what type of number it is. Different registration types have different levels of public-data availability, so a “not found” result does not necessarily mean the accommodation is unregistered.