Short Term/Holiday

Short-Term & Holiday Rentals in Andalusia & Spain: Laws, Tips & Best Practices

🏛 Legal Framework: What You Must Know

1. Registration & Licensing

• In Andalusia, any property used for holiday letting (short-term, tourist stays) must be registered with the Andalusian Tourism Registry (Registro de Turismo de Andalucía, or RTA). 

• A property often needs what’s called a Vivienda de Uso Turístico (VUT) licence or registration (sometimes also called VFT, Vivienda con fines turísticos). 

• Since March 2025 in many areas, there is a stricter requirement: before you register with the regional tourism authority, you often must obtain municipal permission or declare a change of use via your Town Hall. 

2. New National Registry & Unique Code

• A national registration system (sometimes called Ventanilla Única Digital de Arrendamientos) requires holiday-homes or short-term let properties to get a unique registration code. This code must appear in adverts (Airbnb, Booking, etc.). 

• Failing to display the correct code or listing without proper registration can lead to fines or removal of the listing. 

3. Community of Owners (Comunidad de Propietarios)

• As of 3 April 2025, new rules require express approval from the building’s community for short-term tourist rentals in many cases. In many buildings, you must show that the community allows rental activity, through proper votes / certificates. 

• Homeowners’ association (HOA) statutes may explicitly prohibit or restrict tourist rentals, and those restrictions can be legally enforceable. Always check these before buying or renting. 

4. Property Standards & Quality Requirements

To be legal and avoid complaints/fines, properties must meet certain minimum standards:

• Proper safety equipment (smoke detectors, sometimes fire extinguishers). 

• Adequate furnishing, bedding, linens. Guest facilities, sanitary facilities, ventilation, heating/air conditioning depending on season. 

• Tourist information, guest registry under Spanish law (sometimes via SES.HOSPEDAJES or equivalent). 

5. Tax & Fiscal Obligations

• Rental income must be declared. Whether you are a resident or non-resident, there are obligations. 

• If you offer hotel-type services (daily cleaning, breakfast, etc.), VAT might apply. If not, more basic income tax / corporate tax rules apply.

6. Penalties & Enforcement

• Non-compliance leads to fines, possible closure orders, or being removed from holiday rental platforms. 

• Municipalities or Andalusian authorities may conduct inspections. Violations in areas with high tourist density (e.g. city centres) are more likely to be scrutinized. 

🔧 Practical Tips: How to Stay Legal & Ensure Success

1. Always verify municipal regulations first
   Local Town Halls may have zoning laws, distance rules, or saturated-area restrictions (e.g. Málaga has banned new short-term rentals in some neighbourhoods). (The Times)

2. Get community approval early
   Before purchasing or converting a property, check if the community allows tourist rentals, review their statutes, and find out whether the needed votes are historical. This avoids surprises.

3. Display registration/licence numbers
   In all adverts, include the VUT / RTA number / unique registry code. Platforms are legally required to demand this.

4. Maintain quality standards
   Comfortable furnishing, cleaning, safety measures, and good guest communication help avoid complaints and risk.

5. Be transparent with taxes
   Keep accurate records of income, expenses, guest stays, insurance, etc. Consult a gestor or tax advisor specialised in short-term rentals.

6. Insurance & liability
   Obtain suitable liability insurance covering guest injuries, property damage.

7. Neighbour relations
   Try to minimize disturbances (noise, waste, etc.), provide house rules, ensure guests respect the building and local rules.

8. Use the right platforms responsibly
   If you list on Airbnb, Booking, etc., ensure your profile/listing is fully compliant (display code, accurate descriptions, safety disclosures). Consider also direct bookings, but ensure the regulatory obligations are fulfilled regardless of platform.

9. Stay updated
   Laws are evolving (2025 brought major changes). New municipal rules, regional decrees, or national registry requirements may come up. Re-check legal sources yearly.

✅ Summary / Checklist

• Registered with RTA / obtained VUT licence
• Municipal licence or change of use permit from Town Hall
• Community of Owners allows such rentals
• Unique registry code displayed in adverts
• Meet property safety & amenity standards
• Tax obligations met (income declared, etc.)
• Insurance in place
• Guest registry rules followed