Cave Houses in Andalusia: Legal Recognition, Tourism Opportunities, and Urban Regulations Under the New Planning Law
Introduction: A Historic Living Style Meets Modern Legal Protection
Andalusia, with its diverse landscapes and centuries-old heritage, is home to one of Europe’s most unique housing typologies: cave dwellings, or “casas cueva.” Traditionally used for residential purposes since Moorish times, these homes carved into hillsides offer natural insulation, sustainability, and a strong connection to Andalusian rural culture. Until recently, however, their legal status remained ambiguous—limiting their use, development, and access to formal utilities and tourism licenses.
This changed with the approval of Law 7/2021 of December 1st, also known as LISTA (Ley para el Impulso de la Sostenibilidad del Territorio de Andalucía), and its implementing Regulation Decree 550/2022. These regulations now recognize cave houses as legitimate dwellings, making it possible for owners to formalize and use them as both primary residences and tourist accommodations.
What Is a “Casa Cueva”? Definition and Origins
A cave house is an artificial excavation in the subsoil, typically embedded into a hillside or mountain, adapted to function as a dwelling. These homes are often found in clusters—forming what is known as a troglodytic habitat—complete with courtyards, plazas, and narrow streets.
Many of Andalusia’s caves date back to the 15th and 16th centuries, originating from former Moorish settlements. Common locations include:
Granada and Guadix
Benalúa, Baza, and Cuevas del Campo
Cuevas de Almanzora (Almería)
Sierra de Cádiz
Casabermeja and Antequera (Málaga)
A Sustainable and Ecological Housing Model
Cave homes are naturally energy-efficient. Their thermal mass keeps indoor temperatures between 17°C and 23°C year-round, reducing the need for artificial heating or cooling. They also offer excellent acoustic insulation, environmental integration, and minimal ecological footprint—making them a perfect model of bioclimatic and sustainable architecture.
With increasing energy costs and climate change concerns, the Andalusian cave dwelling represents a 21st-century solution rooted in centuries-old practice.
Legal Recognition and Regulation Under the LISTA and Decree 550/2022
1. Legal Recognition as Dwellings
One of the most revolutionary aspects of the LISTA Law is the recognition of cave houses as legitimate dwellings—with the same legal rights and duties as conventional homes. This means they can:
Be used as permanent residences
Be rented out as tourist accommodations
Be registered in the land registry (Registro de la Propiedad)
Obtain property tax identification (IBI)
This recognition paves the way for homeowners to legally consolidate the status of their properties, improving marketability, access to public services, and fiscal compliance.
2. Definitions from the Regulation
Key legal definitions from the Decree include:
Troglodytic Habitat: A traditional form of settlement based on underground cave homes and their associated open spaces (streets, patios, etc.)
Cave: An artificial or adapted natural underground space used for dwelling
Cave Neighborhoods (“Barrios de Cuevas”): Urban areas made up predominantly of cave dwellings
Troglodytic Municipality: Municipalities in which:
Over 15% of homes are caves
Over 50% of urban land is cave-based
Cave habitats have recognized cultural or tourist value
Planning Rights and Obligations
The new regulation establishes four primary rights regarding cave homes:
Construction of New Caves: Allowed in designated cave areas under urban planning instruments and provided safety and habitability criteria are met.
Extension of Existing Caves: Permitted under conditions set by local ordinances. In their absence, extensions are allowed up to 50% of the existing area, as long as construction standards are respected.
Rehabilitation and Reform: Encouraged to enhance habitability, safety, and ecological integration.
Cadastral Registration and Urban Integration: Caves may now be integrated into the Property Registry and Land Cadastre, allowing formal ownership, tax assessment, and legal consolidation.
On What Type of Land Can Caves Be Developed?
Cave dwellings can be located on either:
Urban Land: If part of a structured neighborhood with public access, water, electricity, and storm drainage systems.
Rustic Land: If the cave forms part of a traditional rural settlement that is delimited by planning instruments and has access to basic utilities.
In both cases, the land must be classified by urban planning tools that allow for cave development.
Irregular or “Out of Planning” Caves: Can They Be Legalized?
Many cave homes were built decades or centuries ago without formal permits, and until now, they lacked legal protection. These are now classified under the regime of “buildings in a situation assimilated to out of planning” (Asimilado a Fuera de Ordenación – AFO/DAFO).
Legalization involves:
Filing a technical report (DAFO)
Preparing architectural plans and boundaries
Registering the property at the land registry and cadastre
Paying applicable taxes (IBI)
A legalized cave must include at least:
One room for living/sleeping
A kitchen and bathroom
Natural or mechanical ventilation
Openings (windows or vents) equal to 5% of its total surface
Conservation Duties and Public-Private Collaboration
Cave owners have a legal duty to:
Maintain the outer soil layer and structure
Protect geological and scenic features
Preserve stormwater channels
Avoid altering the topography or natural habitat
Undertake rehabilitation works when required by safety or environmental concerns
Municipalities may intervene to secure hillsides and communal access areas if they are deemed essential for safety or public use.
Use for Tourism and Economic Development
By allowing legal use of cave homes as tourist rentals, the new legislation promotes sustainable economic development in rural and underpopulated areas.
Tourist rentals may include classifications such as:
Viviendas con Fines Turísticos (VFT)
Viviendas Rurales (VTAR)
Casa Rural, provided requirements for safety, access, and services are met.
Owners must comply with:
Andalusian Tourism Registry (RTA)
Health and safety inspections
Activity declarations (especially if offering services like meals or cleaning)
Final Considerations: A Unique Opportunity for Investment and Cultural Preservation
The recognition of cave houses in Andalusia represents more than a regulatory update—it marks a cultural and economic shift that embraces tradition while aligning with modern sustainability and tourism objectives.
By legalizing these homes and allowing their use as dwellings or tourist rentals, Andalusia opens the door to new models of rural entrepreneurship and heritage protection.
Whether you’re a prospective buyer, current owner, or investor in rural tourism, legal guidance is essential to ensure compliance with planning, tax, and tourism regulations.
At TLA CORP, we specialize in real estate, planning law, and rural development across Andalusia.
Contact us for personalized advice on legalizing or investing in cave houses.