If you own a property on the Costa del Sol and are considering renting it to tourists — even occasionally — you need a tourist licence before you start. In Andalusia, this licence is called a Vivienda de Uso Turístico, or VUT, and operating without one is classified as a serious infringement under Andalusian tourism law, with fines that can reach tens of thousands of euros.
For non-resident owners managing their property from abroad, the licensing process has specific layers of complexity: it involves the regional government, your local municipality, and — since recent legislative changes — your building’s community of owners. Understanding what is required, in what order, and what has changed in 2025 is the purpose of this guide.
This article is provided for informational purposes only and does not constitute legal or tax advice. Regulations vary by municipality and are subject to change. Always consult a qualified legal professional to ensure full compliance for your specific situation.
What the tourist licence actually is — and what it is not
The Vivienda de Uso Turístico (VUT) is a registration in the Registro de Turismo de Andalucía, the regional tourism registry managed by the Junta de Andalucía. It is not a permit issued after an inspection — it is a declaratory registration, meaning you submit a declaración responsable confirming that your property meets the required standards, and the registration takes effect immediately upon submission.
This is important to understand: the Junta does not verify your property before issuing the licence number. You declare compliance and begin operating. Inspections happen afterwards, and if the property does not actually meet the standards declared, the consequences — fines, deregistration, and loss of the ability to relist — are substantially worse than if the issues had been resolved before registration.
The licence number takes the format VUT/MA/XXXXX for properties in Málaga province, and must appear visibly on all advertising, including listings on Airbnb, Booking.com, and any other platform. Update (July 2026): between July 2025 and May 2026, this regional licence also had to be complemented by a national NRA registration number. That national requirement was annulled by the Tribunal Supremo on 21 May 2026 (ruling STS 620/2026) — the VUT is now, once again, the only registration your property needs to operate legally in Andalusia. See our article The National Rental Register Is Gone for full details [enlace pendiente].
Who needs a licence — and a common misconception
The Junta de Andalucía defines tourist rental activity broadly. If you offer your property for tourist accommodation on a habitual basis through any channel that allows reservations — including online platforms, travel agencies, or any medium that permits booking — you are required to register. Habituality is presumed if the property is listed on any such channel, or if it is rented for a total of more than one month within the same year, even across multiple shorter stays.
The common misconception among occasional renters is that renting for a few weeks a year falls below some registration threshold. It does not. The moment a property is advertised on a platform like Airbnb or Booking.com, the registration obligation applies regardless of actual occupancy.
Properties rented to the same person for more than two continuous months are excluded — these fall under the standard residential rental framework rather than tourist regulation. Properties in rural locations are subject to separate rural tourism legislation. And properties in buildings where the community of owners has explicitly prohibited tourist rental activity in their statutes cannot be registered as tourist accommodation regardless of the owner’s intentions.
The property requirements you need to meet
Before submitting the declaración responsable, your property must genuinely meet a set of minimum standards defined under Decreto 31/2024, which is the current regulatory framework for tourist dwellings in Andalusia, in force since January 2025.
The key technical requirements are: a valid licencia de ocupación or cédula de habitabilidad (or the equivalent declaration confirming the property meets habitation standards); minimum constructed floor area of 14 m² per guest, with an overall minimum of 25 m²; fixed or portable air conditioning in bedrooms and living areas for properties operating during May through August; fixed or portable heating for properties operating during October through April; a first aid kit; a complaints book (hojas de reclamaciones) available to guests; an energy performance certificate; public liability insurance covering guest-related incidents; and a 24-hour contact number for guest emergencies.
Maximum occupancy is determined by the licence of occupation and the property’s configuration, with an absolute ceiling of 15 guests for a whole-property rental and 6 guests for room-by-room rental. No more than 4 guests per bedroom, of whom at least 2 must be accommodated in non-bunk beds.
Properties that obtained their VUT registration several years ago should review their current compliance against these updated standards — requirements around energy certification and climate control have been tightened, and an inspection finding non-compliance with current standards can result in suspension of the licence.
Three significant changes in 2025 that affect new registrations
Three regulatory developments in 2025 have materially changed the process for obtaining a new tourist licence in Andalusia, and all three are relevant to non-resident owners considering rental activity for the first time.
The first is the municipal licence requirement. Since 4 March 2025, before you can submit your declaración responsable to the Junta de Andalucía, you must first obtain a municipal licence or declaración responsable de cambio de uso from your local Ayuntamiento confirming that tourist rental activity is permitted for your specific property under local urban planning regulations. This step did not previously exist as a formal prerequisite — it now does, and it means the process starts at the municipal level, not the regional level.
The second is the community of owners requirement. Since 3 April 2025, any new tourist licence application for a property in a building under horizontal property regime — which covers the vast majority of apartments and many townhouses on the Costa del Sol — requires written proof of express approval from the community of owners. This approval requires the favourable vote of at least 60% of owners representing at least 60% of the participation quotas. Without this approval, registration is not possible. For non-resident owners, obtaining this approval requires either attending a community meeting in person or authorising a representative to do so — another area where having a trusted local contact is practically essential.
The third was the national NRA registration, mandatory between July 2025 and May 2026. It was annulled by the Tribunal Supremo in May 2026 and is no longer required — see our article The National Rental Register Is Gone for what changed and what remains in force [enlace pendiente].
Registration process — steps in order
- → Verify your property meets current VUT technical requirements (Decreto 31/2024)
- → Obtain express approval from the community of owners (60% vote) — required since April 2025
- → Obtain municipal licence or cambio de uso declaration from your Ayuntamiento — required since March 2025
- → Submit declaración responsable to the Junta de Andalucía via the regional electronic portal
- → Receive VUT/MA/XXXXX registration number — effective immediately upon acceptance
- → Register property with Sis.Interior for guest identification reporting obligations
- → Display your VUT registration number on all advertising and platform listings
What happens if you operate without a licence
Operating a tourist rental without a valid VUT registration is classified as a serious infringement under Ley 13/2011 de Turismo de Andalucía. Fines for serious infractions start at €2,001 and can reach €18,000. Very serious infractions — which include repeated non-compliance or operating after a suspension order — carry fines of up to €150,000.
Beyond financial penalties, unlicensed operation can result in immediate delisting from platforms, which since July 2025 are legally required to verify registration numbers and remove non-compliant listings within 48 hours. Operating without a licence also typically invalidates property insurance for any incidents occurring during tourist stays, and creates significant legal exposure if a guest suffers an accident or injury on the premises.
For non-resident owners, the practical risk is compounded by distance. An inspection finding or administrative notification sent to a Spanish address that is not being monitored can result in a compliance deadline being missed, converting a manageable situation into a significantly more serious one.
The ongoing obligations once licensed
Obtaining the VUT licence is the beginning of compliance, not the end of it. Licensed tourist rental properties carry a set of ongoing operational obligations that apply for as long as the property is advertised or active.
Guest identification data must be collected for all guests aged 14 and over and reported via the Sis.Interior platform within 24 hours of check-in. This is a legal obligation that applies to every stay, not an optional administrative step. The property must maintain public liability insurance and a valid energy performance certificate at all times. Safety equipment — fire extinguisher, first aid kit — must be functional and accessible. The complaints book must be available to guests.
Any change to the property’s declared capacity, operating period, or titularity must be communicated to the Junta de Andalucía. Selling a property with an active VUT licence does not automatically transfer the licence to the new owner — the new owner must apply fresh, including obtaining community of owners approval under the current rules.
For the broader national regulatory context — including the NRA registration requirement, tax reporting obligations, and municipal restrictions across the Costa del Sol — see our related guide: Holiday Rental Regulation in Spain: What Costa del Sol Owners Need to Prepare for in 2025.
For non-resident owners: the distance factor
Every step of the VUT registration process and ongoing compliance involves interaction with Spanish administrative systems — the Ayuntamiento, the Junta de Andalucía, the community of owners, and operational platforms like Sis.Interior. Most of these interactions require either a Spanish digital certificate or a legally authorised representative acting on your behalf.
For owners based in the UK, Germany, Scandinavia, or elsewhere, the process is manageable but requires planning. Obtaining a digital certificate as a non-resident involves an in-person verification step at a Spanish consulate or, on a visit to Spain, at an authorised registration office. Alternatively, granting a power of attorney (poder notarial) to a local representative — a gestor, lawyer, or property manager — allows them to handle administrative steps on your behalf without your physical presence being required each time.
The community of owners meeting requirement is particularly relevant for non-residents. If your building holds its annual meeting in October and you need the 60% approval vote, either attending or having an authorised proxy present is the only way to move the process forward. This is not something that can be managed by email.
Thinking about renting your Costa del Sol property?
At Second House Solutions, we work with non-resident owners to ensure their properties are technically prepared, properly maintained, and supervised year-round — supporting the compliance process on the ground and coordinating with legal and administrative professionals when needed. We do not provide legal advice, but we help make sure the property itself is in order.
Get in touch to discuss your property’s situation.