Tourist Lettings in Andalucía

Short-term rentals in Spain  have generated a lot of publicity in recent years and most of it has been negative. This type of rental is typically to tourists via online platforms such as airbnb for periods ranging from just a few days to a couple of weeks and it’s easy to see why there’s been push back, given the noise and disruption caused by partying holidaymakers bumping up against residents in the same building trying to get a good night’s sleep. I highlighted an extreme example of what can go wrong in a recent blog.

Occasional Landlords

In my experience, there are several groups of overseas property owners in Spain who like the idea of being an occasional landlord. Firstly, those who buy with the intention of letting their property for short periods when they are not using it, partly to cover running costs and also to avoid leaving it unoccupied for long periods of time. Then there are those who had no plan to let but come round to the idea when they discover just how much income can be generated, covering all running costs and, in many cases, even more. And it’s not just second-home owners who find this option appealing. Many permanent residents from overseas leave Spain in the hottest months to go travelling elsewhere or visit friends and family in their home country, giving them with the option to rent to tourists in the high season months.

The Background

There’s some history to this issue. As far back as 2013 the central government devolved the responsibility for legislation covering short-term tourist lets to Spain’s seventeen autonomous regions. This seemed sensible, given that the regions are so different - some have huge tourist numbers, some hardly any at all, a clear example of one-size not fitting all. Fast-forward to today and the short-term letting sector has become a toxic political issue with claims from central government that it is the root cause of Spain’s chronic housing shortage. (It isn’t, for more on that issue, see my blog here).

There’s no question that in some locations it’s been allowed to get out of control, particularly the historic city centres in Madrid, Barcelona, Málaga, Valencia and Palma, with some areas saturated with tourist lets and few residents remaining. More control and long-term freezing of licences should, over time, reduce the tension but it will take time. However, away from crowded urban areas there really isn’t a problem and for a region such as Andalucía, the importance of the tourist industry and the overseas property market means an outright ban is not a good fit.

Clarity Required

For years, all regions have required properties to have a tourist licence to legally operate short-term holiday lets but failure to enforce regulations is largely to blame for the chaos.  Those days are over. Clarity is what’s required and the regional government, the Junta de Andalucía may have just taken an important step to clarifying whether a licence is held by a person or a property. If it’s a person, as determined previously by the Land Registry, then it would follow that the licence is revoked on sale and cannot be transmitted to the new owner. On the other hand, a licensed property that met all the requirements for a licence would still be a property meeting the criteria for a licence, providing no changes had been made that would invalidate it.  A new owner would take over the licence and have the option to operate tourist lettings if they wished. And that is what the Junta has decided, the licence belongs to the property not an individual. In addition, if a Community of Owners votes to ban tourist lettings it cannot be applied retrospectively, only to future applications. 

This is excellent news for potential purchasers in Andalucía, removing the uncertainty that has existed since July 2025 when new regulations from central government came into force. However, it has to be said that this ruling is open to appeal but I'll be surprised if it is overturned. It will be interesting to see what it does to prices of properties with a valid short-term licence (VUT - Vivienda de Uso Turístico), - trending upwards is my guess. 

As property search consultants part of the due diligence we do as we develop a short list of properties for our clients to view does involve making enquiries about the Community of Owners and the attitude to short-term holiday lettings is very much on our list of questions to ask. If having the option to be an occasional landlord is an important part of your buying plans in Spain we will ensure that you are fully up-to-date about the situation of all properties offered to you. The lovely property in the image above is licensed for holiday lettings. With not one, but two, heated swimming pools and ideal for large groups please get in touch and we will be happy to put you in touch with the owner's representative.  © Barbara Wood