How to legally rent short-term in Andalusia - RTA registration, licences & taxes

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Overview of the legal requirements for short-term rentals in Andalucía, including registration, licensing, safety standards, and tax obligations.

Holiday rental apartment balconies in Spain

Published 19 February 2024 · Updated 28 September 2026

As a landlord renting short-term, you will need:

Update, September 2026. Three things changed after this guide was written, and they matter more than the rest of the page:

  • The national registration number is no longer required. Real Decreto 1312/2024 created a state Registro Único de Arrendamientos with effect from 1 July 2025, but the Supreme Court annulled the registration procedure and the duty to hold that number to advertise a short-term or seasonal let (judgments of 19 and 21 May 2026, published in the BOE in June 2026), because the State lacks the competence. What you still need in Andalucía is the tourism registry entry (RTA) described below, and its code must appear in your adverts. Platforms keep their data-sharing duties under EU Regulation 2024/1028.
  • Andalusia tightened its tourist-let rules. Decreto 31/2024 (in force 22 February 2024) amended the 2016 decree this guide describes and sets the current requirements for registered viviendas de uso turístico. Separately, national law now requires that a NEW tourist let has the express prior approval of the owners’ community, by three-fifths of owners and of quotas (Ley de Propiedad Horizontal art. 17.12, effective 3 April 2025, not retroactive). Check the community statutes before applying for anything.
  • Guest registration is a separate duty. Every check-in must be reported to the authorities through the SES.Hospedajes platform. See our SES guest-registration guide.

Deadlines, fees and fines change. Confirm the current position with the Junta de Andalucía and the Registro de la Propiedad before letting.

Registration: If you are renting out a property in Andalusia for holiday rentals, short-term rentals, or as a tourist accommodation, you are generally required to register the property with the Andalusian Tourism Registry (Registro de Turismo de Andalucía). Each property must have a unique registration number.
https://www.juntadeandalucia.es/organismos/turismoculturaydeporte/areas/turismo/registro-turismo.html

Property Standards: The property must meet certain health, safety, and quality standards to be eligible for rental. It should have basic amenities, comply with local building regulations, and be adequately furnished and equipped.

General Requirements:

  • The property must be in good condition and suitable for short-term accommodation.
  • It must comply with the town’s planning rules; the Junta tells the town hall about every registration (Decreto 28/2016, article 6, as amended in 2024).
  • It must be registered with the Andalusian Tourism Register (RTA).
  • It must comply with all applicable safety regulations, including fire safety and hygiene standards.

Specific Requirements:

  • Maximum occupancy: The maximum occupancy of the property must be clearly stated and must not exceed 15 people.
  • Bedrooms: Bedrooms must have natural ventilation and be adequately furnished with beds, bedding, and wardrobes.
  • Bathrooms: Bathrooms must have hot and cold running water, a shower or bathtub, and a toilet.
  • Kitchen: The kitchen must be equipped with basic cooking utensils, crockery, and cutlery.
  • Living room: The living room must be furnished with comfortable seating and adequate lighting.
  • Amenities: The property must have basic amenities such as bed linen, towels, soap, toilet paper, and a first-aid kit.
  • Accessibility: The property must be accessible to people with disabilities, if applicable.

Additional Requirements:

  • Cooling system: The property must have a cooling system in each room, if it is rented out during the summer months (May to September).
  • Heating system: The property must have a heating system in each room, if it is rented out during the winter months (October to April).
  • Tourist information: The property must provide guests with tourist information about the local area.

Registration and licensing requirements:

Additional tips for meeting property standards:

  • Keep the property clean and tidy.
  • Make sure that all appliances are in good working order.
  • Provide guests with clear instructions on how to use the property.
  • Be responsive to guests’ requests.

By following these standards, you can ensure that your property is safe, comfortable, and compliant with Andalusian law. This will help you to attract and retain guests and will make your short-term rental business a success.

Rental Contract: It is important to have a written rental contract (contrato de arrendamiento) in place. The contract should specify the rental terms, including the duration, rent amount, payment conditions, and any additional clauses agreed upon by both parties. It is recommended to seek legal advice when drafting the contract.

Rental period and local limits: Andalusia sets no yearly limit on the number of days a tourist home can be let. Its rules cover lets of up to two months in a row to the same guest; a longer let to one person falls outside them (Decreto 28/2016, article 1.2). Town halls can limit or suspend new tourist homes: Malaga city suspended new ones across the whole municipality from 23 August 2025, for up to three years (Decreto-ley 1/2025, article 6.2; Malaga city notice), so check with your town hall before you register. Checked against the Junta de Andalucia texts and the Malaga city notice on 28 September 2026.

Tax Obligations: Rental income is subject to taxation in Spain. You are required to declare the rental income and pay applicable taxes. It is advisable to consult with a tax professional or accountant to understand the specific tax obligations and deductions. You can find the top-rated accountants in your area here: Property Services

Insurance: Consider obtaining suitable insurance coverage for your rental property. Insurance can help protect against potential damages, liabilities, or unforeseen events. You can find the top-rated insurance companies in your area here: Property Services

Data Protection: If you collect personal data from your tenants (such as names, identification numbers, or contact details), you must comply with the data protection regulations, such as the General Data Protection Regulation (GDPR). you can download the full PDF from here: https://gdpr-info.eu/

Remember, these are general guidelines, and there may be additional requirements or specific regulations depending on the location and type of rental property. It’s crucial to consult with local authorities, legal professionals, or specialized advisors who can provide accurate and up-to-date information tailored to your specific situation.

Compare the latest up-to-date rentals on the Costa de Sol now here: PropertyList.es

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