Short-term rentals continue to be one of the most common strategies for property investors on the Costa del Sol. With several regulatory changes introduced this year—both at regional and national level—many buyers want to understand what is actually required to legally rent their property to tourists.
To help clarify the situation, Felicity Estates met with economist and lawyer Álvaro M. Graciani to discuss the current rules, the changes for 2025, and how different municipalities are interpreting the law.
The Basics: What Applies to All Tourist Rentals in Andalucía
Before diving into the interview, here is a brief summary of the general framework:
Major Changes in 2025
Interview With Álvaro M. Graciani
Community Approval: How Does It Work?
Q: If we start with the new rules regarding the communities – either they have a decision that short term rental is forbidden or permitted, or they approve them one by one. Is that correct?
A: “Right now there are two options, either they have the approval or they don’t have it. If the statutes doesn’t say anything, it’s automatically forbidden.”
Q: Sometimes there is a lack of decision which means it’s forbidden, but if it’s approved it doesn’t always mean it is automatically approved for everyone, right?
A: “An approval can be for one person or for everyone. But it’s almost the same… if the community of owners says no, he can go to court because the community cannot give approval to one and say no to another one. That is discrimination.”
Does the License Follow the Property When Sold?
Q: If there is an approved rental license for an apartment and they sell it, will it follow the apartment to the new owner?
A: “With La Junta de Andalucía, if you have the license, it can transfer with the property to another person, no problem. The problem is the community… if the approval is for the apartment, the license goes with the property. So it depends on the writing of the approval.”
Q: But at La Junta de Andalucía you just do the change of name?
A: “Yes, but they can ask you for the community agreement.”
Town Hall Restrictions and the Case of Fuengirola
Q: When the rules in a townhall change… does La Junta check what the townhall has decided?
A: “If the townhall says they don’t want more licenses, it only applies for new licenses… And very important, if we talk about Fuengirola, they have not changed the law… The only thing they did was a press release on the web, it’s not an official document.”
He adds that although some licenses have been cancelled, owners are defending these cases in court because no formal urban planning change has been approved.
Q: So the townhall doesn’t have the authority to decide in this matter?
A: “They have the authority if they change the urbanistic plan but Fuengirola did not do that.”
Are Changes Being Prepared in Fuengirola?
A: “No, and this process is very long… I think in Andalucía, there have only been official changes in Málaga, Córdoba, Cádiz, Sevilla and Jerez de la Frontera.”
Q: So from your point of view, the rules in Fuengirola are the same as in Benalmádena?
A: “Yes, in court. But if you apply for a new license in Fuengirola you might have to go to court because the townhall doesn’t agree.”
Applying for a License: What Can Buyers Expect?
Álvaro comments on a recent case involving a Swedish buyer in Benalmádena:
Q: We have a case with a Swedish client that recently bought an apartment in Benalmádena. The sellers lived there so they didn´t have a license, but the buyer´s intention was to rent out short term. The administration said on a direct question that they couldn´t answer the seller/current owner if they could get a touristic license and that the new owner had to buy the apartment and then ask the question. So she bought the apartment without knowing if she would get a yes or a no. She took the risk. Is this correct?
A: No. The seller can ask the question, but it has to be the right question; do you allow this apartment or all the apartments in the community for touristic use?
Q: And they have to answer?
A: Before the annual meeting in the community, they send out the protocol, before it´s sent out you can ask the president to include whatever you want. But if it´s between meetings you might have to wait for up to a year whole year for the question to be brought up.
Q: You cannot force them to make a quicker decision?
A: If you have 25% of the votes you can force it.
Asking About Previous Approvals
Q: Can you ask the administration if they have allowed others before?
A: “The question has to be ‘have you allowed any new licenses since the law changed in April 2025?’… But the ones before April were not actively approved so you cannot refer to them.”
Fuengirola’s “Own Entrance” Requirement
Although not formally incorporated into law, Fuengirola indicates that new tourist rentals must have an independent entrance:
A: “It must be on the ground floor and directly from the street… Even if it’s a townhouse, if it’s in a gated community it will not be allowed.”
Pending cases may take up to two years in court, but owners can request a medida cautelar to continue renting during the process.
Seasonal Rentals: A Growing Alternative
With stricter conditions for tourist licences, more owners are considering medium-term rentals of 2–12 months.
A: “In Andalucía it has to be 2 months or more for it to be seasonal and not short term.”
For tenants staying several months for work or study, the contract itself is the key evidence of purpose:
“The law doesn’t say that you have to prove it… it’s more about the risk with the tenants.”
Despite government intentions to increase long-term rental supply, Álvaro notes:
“Everyone is doing seasonal, no one do longterm.”
Conclusion
Short-term rental rules in Andalucía are becoming more structured, but also more complex—especially where municipalities publish informal guidelines without updating their official planning documents. Community approval, documentation wording, and local interpretations now play a major role, and buyers should always investigate these factors before committing to a purchase.
If you are considering buying a property with the intention to rent it out, our team at Felicity Estates is happy to guide you through the process and connect you with legal experts like Álvaro M. Graciani.
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