Tourist-use dwelling regulations in Andalusia and Málaga

Which rules govern holiday lets in Andalusia

The starting point is Law 13/2011 on Tourism in Andalusia and, for these properties, Decree 28/2016 of 2 February. Decree 31/2024 overhauled it and changed the name: what used to be «viviendas con fines turísticos» (VFT) are now «viviendas de uso turístico» (VUT). Decree-Law 1/2025 on urgent housing measures amended it again to tie registration to local planning rules.

A tourist-use dwelling is a home offered for a price, on a regular basis and for tourist purposes. Tourist purpose is presumed when it is advertised through tourist channels, such as agencies or websites that take bookings. Lets of more than two consecutive months to the same tenant and free stays, among other cases, fall outside the rules.

Homes under any public-protection (subsidised housing) scheme cannot be tourist lets, and nor can homes in buildings whose deed of constitution or bylaws expressly prohibit the activity.

Requirements for the property and the service

The decree distinguishes between letting the whole home and letting by the room, in which case the holder must live in the property and be registered there as a resident. The requirements are lighter than for a hotel, but they are mandatory and tourism inspectors can check them.

The table below lists the main ones. It does not replace the decree or its annex, which sets out the minimum equipment for the kitchen, bathroom and bedrooms.

Registering with the Andalusian Tourism Register

Before you start letting, you must file a responsible declaration (declaración responsable) online, with a digital certificate, with the regional Tourism Department. In it you state, among other things, the cadastral reference, capacity, who operates the property, that it complies with planning rules and that the owners' association has expressly authorised it. There is no fee.

If the hospitality services (keys, guest reception, cleaning, invoicing) are provided by a company, that company must appear as the operator. The declaration also sets the operating periods: letting outside them counts as clandestine activity.

Your registration code, in every advert

The regional government states that the registration code must appear in all advertising and promotion of the property, including online platforms. It must also appear on the document handed to guests on arrival and on the payment receipt.

Advertising or providing the service without having filed the responsible declaration is clandestine activity, which Law 13/2011 classes as a serious offence, punishable by fines of €2,001 to €18,000.

The Single Rental Register: where things stand in October 2026

Royal Decree 1312/2024 created a national Single Rental Register and a registration number that platforms were to display in listings, with effect from 1 July 2025.

In several judgments in May and June 2026, published in the BOE, the Supreme Court annulled the register procedure and the registration number, finding that central government lacked the power to create them. It dismissed the appeals in all other respects, so the Digital Single Rental Window remains in place.

What has not changed in Andalusia is regional registration: the Andalusian Tourism Register code is still mandatory. Check the current position on platform obligations with the Ministry of Housing and Urban Agenda.

Guest registration: SES.Hospedajes

Royal Decree 933/2021 requires anyone providing accommodation, holiday lets included, to record their guests' details and send them to the Ministry of the Interior through SES.Hospedajes.

The data must be sent immediately and in any case within 24 hours of the booking (or its cancellation) and of the start of the stay. Everyone over 14 signs the form, and the details of younger children are given by the accompanying adult. Professional providers must keep the records for three years.

Málaga city: limits on new holiday lets

The Andalusian decree allows councils to cap the number of tourist lets per building, area or period. Málaga has done so in stages. In June 2024, a municipal instruction required new listings to have an entrance and services independent from the rest of the building. From 14 January 2025, an amendment to the local plan (PGOU) banned new registrations in 43 neighbourhoods where tourist lets exceeded 8% of the housing stock.

The broadest measure came next: relying on article 6 of Decree-Law 1/2025, the council suspended new tourist-use dwellings across the whole municipality from 23 August 2025, for a maximum of three years or until the PGOU amendment that will regulate these uses is approved. According to the latest council press releases (July 2026), the suspension is still in force.

In addition, since 25 July 2026 the initial approval of a further PGOU amendment has restricted lodging uses as an alternative to, or alongside, residential use, as well as converting ground-floor commercial premises into homes.

The owners' association

Organic Law 1/2025 reformed the Horizontal Property Act: since 3 April 2025, an owner who wants to open a holiday let needs the express approval of the owners' association by a three-fifths majority, and the association can set a service-charge surcharge of up to 20%. Owners who were already operating under the tourism rules before that date may carry on.

We explain it in detail, with practical tips, in our article on owners' associations and holiday lets.