Significant news for property owners and investors in Andalusia: as of April 2025, new regulations require the express prior consent of the community of property owners (Comunidad de Propietarios) to operate a holiday rental. This rule, initially introduced to bring greater control and transparency to the region’s tourism rental sector, has now been further clarified by the Junta de Andalucía.
Tourist Rental Registration Requirements
To legally operate a holiday rental property in Andalusia, owners must complete two essential registrations:
- Andalusian Tourism Registry (Registro de Turismo de Andalucía) – this authorises the use of a property as tourist accommodation.
- Single Registry of Leases (Registro Único) – required for offering short-term stays on online platforms that facilitate distance rental agreements (such as Airbnb or Booking).
In most cases, both registrations are mandatory for full compliance.
Change of Ownership: Clarification on Community Approval
In August 2025, the Dirección General de Seguridad Jurídica y Fe Pública (DGSJFP) issued an important resolution regarding the nature of the Andalusian tourism licence. It confirmed that the tourism licence is not personal — it is linked to the property, not the owner.
This interpretation meant that when a property with an existing tourist licence was sold, the licence would remain valid and transferable to the new owner.
However, until recently, the Junta de Andalucía maintained a contradictory position. It continued to require a certificate or meeting minutes from the Community of Property Owners explicitly approving the tourist activity, supported by at least three-fifths of the owners and shares.
The Junta de Andalucía Changes Its Position
Following this inconsistency, Pérez de Vargas Abogados formally consulted the Junta de Andalucía in August and September 2025, urging it to adopt the DGSJFP’s interpretation.
This week, the Junta de Andalucía issued a favourable written response, confirming a major change:
“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 involving the transfer of the property.”
What This Means for Property Owners
This decision represents a positive step for property investors and owners across Andalusia. The new guidance eliminates unnecessary administrative barriers and simplifies property transfers involving holiday rental licences.
Now, when a property with an existing tourist registration is sold, the licence remains valid and active without the need to seek new community approval.
Conclusion
The Junta de Andalucía’s updated stance provides greater legal clarity and security for both buyers and sellers in the Andalusian property market. Investors can now proceed with confidence, knowing that a registered tourist licence will transfer seamlessly upon sale — a key factor for those purchasing income-generating properties.
At Marbella Hills Homes, we continuously monitor the latest legal and regulatory developments that affect property ownership and investment in southern Spain. For further guidance on holiday rental licensing, property transfers, or legal compliance, contact our team. We work closely with leading legal experts to ensure your investment remains protected and fully compliant.