There has been a lot of changes to Spanish rental regulations for 2025. It is important to understand the changes and implications for both current owners and those wishing to buy a property in Spain.
Some of these changes apply nationally as they are Federal Legislations, some only apply to Autonomous Regions such as Andalucia, and some are issued by Town Halls as they have been given more power over rental properties.
In this article we are only covering Federal Laws that apply throughout Spain, as well as changes in Andalucia which only apply in Andalucia. If you are buying, or own a property in other regions, we recommend you contact a local lawyer or rental company in your region.
Federal Law Changes
The changes at the Federal Level are relatively simple, as the Spanish Government now requires owners to register properties that they wish to rent out. Registration is done with the Land Registry authorities.
There are 3 types of rental categories:
- Vacation Rental – Sometimes erroneously referred to as “short term” rental. Vacation rentals require licence from your Regional Governments and the length of stay must not exceed 60 nights (click here to read more on Vacation Rental licence). This registration has to be renewed annually.
- Fixed Term Rental (Distinto a Vivienda) – This type of rental contract can only be offered to certain tenants who meet the conditions of secondary home rental (click here to read more on this). This registration has to be renewed annually.
- Tenancy (Long Term Rental) – This is fully regulated long term tenancy. This registration has to be renewed every 4 years.
- Read more on the differences between these types of rentals by clicking here.
Properties can be registered for one or more categories, but each registration must be renewed according to the above schedule.
Andalucia’s Vacation Rental Changes
There are some fundamental changes to how properties are licenced, guest registration, and validity of the licence in Andalucian Autonomous Region.
Licensee
All vacation rental properties must have a representative in Spain, with Spanish contact number and Digital Certificate. The licence is no longer in the owner’s name and must be in the name of the agent, or the owner’s representative in Spain.
This means you can no longer manage your property from abroad, as having someone responsible for the property (and your guests) in Spain is mandatory.
Guest Registration
All vacation rentals must be registered on the new Ministry of Interior system, including their Cadastral number, owners details, and agent/representative details. In order to register, the owner or their representative must have a Digital Certificate.
Guests must be registered by the owner’s representative on the new Ministry of Interior system within 24 hours of arrival at the property. All guest over the age of 16 must be registered with their passport details (or National ID in case of EU Citizens), emails, including their arrival date and departure date, etc.
Fines will be issued if the agent (or the owner) fails to register guests.
Validity
Previously, licence was issued for the property so when a property was sold, the licence could be transferred to the new owner.
This is no longer the case, and the new owner can no longer simply apply for transfer of the licence to their name or their agent. They must apply for a new licence, the process of which has been changed as below. (N.B. This was successfully challenged in the Spanish courts, which ruled against Junta de Andalucia, which means licences can now be transferred to the new owner when a property is sold without the need for the Community Approval or submission of new application).
New Vacation Rental Licence
Until 3rd of April 2025, it was only necessary to provide proof that the Community which the property was located within had not put prohibition on Vacation Rental activities.
From this date onward, the new applications must include minutes of the Community Annual General Meeting (AGM) or Extraordinary General Meeting (EGM), that specifically permits and supports the application for Vacation Rental Licence for each individual property. The vote must be taken for each property requesting a licence, and must have support of 60% (3/5) of the owners attending the meeting (including proxy votes).
This means if you purchase a property without a licence, you must submit your property for approval by the community at the next AGM, before you can apply for a Vacation Rental Licence.
Town Hall Regulations
Junta de Andalucia (Andalucian Regional Government) has give local Town Halls additional powers over Vacation Rental Licences.
This has resulted in some Town Halls halting issuing of new licences in some areas under their control, including some blanket bans for new licences. Some Town Halls have gone further and have cancelled existing licences.
You need to be aware that these regulations can be changed with short notice, so you need to keep abreast of your local town’s regulations. For example Malaga City currently has a blanket ban on new licences for the Historical Centre. Some cities have implemented a moratorium on new licences, as well as ban on areas with high demand for local long term rentals.
Summary
The new regulations in Andalucia will have a profound impact on vacation rental properties. These include issuing of new licences and the power given to Communities and Town Halls that are changing the landscape of this economic activity.
Before purchasing a property without a vacation rental licence, you must ensure you are fully aware of the limitations in force by your Town Hall, as well as the willingness of the Community/Urbanisation to hold a meeting and allow you to apply for a licence. The concept of having a self-financing holiday home in Andalucia is no longer a given certainty, as obtaining a licence is a major undertaking and very uncertain. Contact us if you want Property Management for your rental property.