Owners
Confirmation of the validity of the Andalusian tourist licence after the transfer of ownership
A key resolution that provides legal certainty to owners, buyers and investors in the holiday rental market
In recent years, holiday rentals in Andalusia have experienced exponential growth, becoming an essential driver for the regional economy and for the real estate market of the Costa del Sol. However, the lack of regulatory clarity had generated uncertainty among owners and investors regarding the validity of Andalusian tourist licence after a change in the ownership of the property.
That doubt has now been cleared. The Regional Government of Andalusia has officially confirmed that tourist licences will remain valid when a property changes hands, with no need to request approval again from the community of property owners. News that reinforces the legal certainty of the sector and simplifies the buying and selling of tourist properties.
“This resolution marks a before and after for the tourist housing market in Andalusia. Owners can rest assured: the licence is not lost when selling or buying a property already registered as tourist accommodation”, explains Jesús García, CEO of Banus Rentals, a leading company in the comprehensive management of holiday rentals in Marbella.
Legal context os the Andalusian tourist licence: the reform that changed the game
Since 3 April 2025, the obligation to obtain prior and express consent from the community of property owners in order to use a dwelling for tourist rental has been in force throughout Spain. This agreement must have the favourable vote of three-fifths of the owners who must also represent three-fifths of the participation quotas.
This requirement, approved in the latest amendment to the Horizontal Property Act, complicated the process of buying and selling properties with an already granted licence. Each time a dwelling changed hands, a question arose: must the new owner request the community’s approval again?
The administrative practice of the Regional Government of Andalusia maintained this requirement, even in cases where the dwelling already had a licence registered in the Andalusian Tourism Registry. But everything changed as a result of a case registered in the Single Rentals Registry in Seville, where a challenged classification led to an important resolution of the Directorate-General for Legal Certainty and Public Faith (DGSJFP).
The key: the tourist licence belongs to the property, not the owner
In July 2025, the DGSJFP issued a definitive resolution (BOE-A-2025-16280) that clarified a fundamental point: the tourist licence is not personal in nature but is intrinsically linked to the property.
This statement dismantled months of contradictory interpretations and established that the authorising title for tourist use corresponds to the conditions of the property itself, not to the identity of its owner. In other words, the licence “travels” with the dwelling.
Until that moment, the Regional Government of Andalusia continued to request a new certificate of approval from the community in each transfer of ownership. However, following formal consultations submitted by Pérez de Vargas Abogados on 29 August and 25 September 2025, the regional administration issued a written response confirming the change in criteria:
“It is no longer necessary to provide the express and valid approval of the community of property owners in cases of change of ownership with transfer of the property.”
This official communication aligns the interpretation with that of the DGSJFP and removes a major obstacle for those acquiring properties intended for tourist rental.
What does this decision mean for owners and buyers?
The new interpretation significantly simplifies buying and selling processes. From now on:
- The new owner automatically inherits the tourist licence together with the property.
- It will not be necessary to request approval from the community of owners when the transfer takes place.
- A procedure that previously caused delays or discouraged investment in already registered dwellings is eliminated.
- The buyer may maintain the tourist activity immediately after the purchase, avoiding periods of inactivity.
For sellers, this measure is also positive: the tourist licence increases the market value of the property, as it can be transferred with full legal guarantees.
For buyers or investors, it represents a clear competitive advantage, as the acquisition process becomes more agile, predictable and secure.
Legal certainty and confidence: pillars for the growth of the sector
In a context where tourist rental regulations are evolving rapidly, having legal clarity and stability is essential to maintaining market confidence.
This resolution reinforces Andalusia’s commitment to a responsible and professionalised tourism model, aligned with digitalisation and European standards in transparency and traceability.
“Holiday rental is an important economic activity, but it must be managed rigorously. At Banus Rentals we work precisely to guarantee that balance: we offer owners a professional, legal and profitable management of their properties, adapted to the most up-to-date regulations”, highlights Jesús García.
The measure is also aligned with Regulation (EU) 2024/1028, which regulates the collection and exchange of data on short-term accommodation services, and with Royal Decree 1312/2024, which created the Digital Single Rental Window. Both frameworks aim to improve coordination between administrations and digital platforms, strengthening the traceability of tourist activity.
A boost for real estate investment in Andalusia
The confirmation of the licence’s validity after transfer reinforces Andalusia’s position as a safe destination for tourist and real estate investment.
Foreign buyers—mainly from markets such as the United Kingdom, Germany, the Netherlands and the Nordic countries—value legal certainty and predictability as decisive elements before investing.
This measure not only offers peace of mind but reduces regulatory risk and increases the liquidity of the tourist housing market, especially in high-demand areas such as Marbella, Estepona, Benahavís or Mijas.
In addition, agencies and management companies such as Banus Rentals play a key role in ensuring that each property meets all legal, technical and quality requirements, enabling efficient and sustainable operation.
Recommendations for owners and investors
Despite this progress, it is essential to keep documentation up to date and comply with current administrative procedures:
- Registration in the Andalusian Tourism Registry. Ensures that the dwelling has a valid registration number (VFT/MA/XXXX).
- Notification of the change of ownership. Although the licence remains valid, the change must be formally reported to the Regional Government of Andalusia to update ownership details.
- Compliance with local regulations. Each municipality may establish specific rules regarding coexistence, capacity or tourist use.
- Single registry. State regulation to be processed through the property registry.
- Professional rental management. Working with a specialised operator ensures not only profitability but also legal and fiscal peace of mind.
News that strengthens market stability
The confirmation of the validity of tourist licences after a change of ownership represents a regulatory milestone that enhances the professionalisation and confidence in the Andalusian real estate and tourism market. From now on, owners, buyers and investors have the certainty that a dwelling with a tourist licence maintains its validity and can continue operating without interruption.
This measure simplifies processes, promotes transparency and consolidates Andalusia’s image as a safe, competitive and sustainable destination for investment in holiday rentals.
