Tourist Rental Licensing in Andalusia: Full Legal Guide for Property Owners
If you are planning to rent your property in Andalusia — in areas such as Málaga, Seville, Cádiz, Granada, Almería or Córdoba — for short-term holiday use through platforms like Airbnb, Booking.com, Vrbo, or HomeAway, you must comply with a specific legal framework set by the Andalusian Regional Government.
Renting your property for tourist purposes involves more than just posting your ad online. It requires a formal license, technical compliance, and registration in the Tourism Registry of Andalusia. Here we explain everything you need to know.
What Is Considered a “Tourist Rental Activity” in Andalusia?
A property is considered to be engaged in tourist rental activity when any of the following conditions apply:
The property is rented in exchange for money.
It is offered for short stays, with immediate availability.
The intended use is clearly touristic, not residential.
The activity is regular and continuous, even if not daily.
You are considered to be offering a tourist rental if:
The rental is managed by professional agencies or tourism companies.
You publish the property on online booking platforms or tourism channels.
You provide services typically linked to hotel or tourist use, such as:
Cleaning between stays
Linen and towel washing
Maintenance or repairs
Guest check-in or luggage storage
Room services or similar attention
If none of these apply, and you rent the property long-term for residential use (i.e. to families or individuals for months or years), then the activity falls under Spanish tenancy law (“Ley de Arrendamientos Urbanos”) and does not require a tourist license — though you must still declare the rental income for tax purposes.
Step 1: Complying with Tourist Rental Requirements
To legally rent your property to tourists, it must meet the minimum requirements set forth in Decree 28/2016 and Decree 28/2022, which include:
Structural and Habitability Conditions
Each room must have direct ventilation to the exterior or to patios, and a window shading system.
The home must be sufficiently furnished and equipped for immediate use.
Air conditioning or heating systems must be installed:
From May to September: cooling system
From October to April: heating system
A first aid kit must be available in the property.
Guests must be provided with instructions and manuals for appliances and devices.
Tourist Information and Guest Service
Printed or digital information about the area, including maps, transport options, tourist sites, and leisure activities.
A telephone contact number must be available to assist guests with incidents or questions during their stay.
A cleaning service is required before and after each stay.
A copy of internal house rules, including:
Use of appliances and amenities
Pet policies
Smoking restrictions
Emergency procedures
Areas of restricted access
Complaint forms (Hojas de Reclamaciones) must be made available to guests.
Step 2: Obtain the Occupancy License for Tourist Use
To register your property for tourist rental in Andalusia, it must first have a valid Occupancy License (“Licencia de Ocupación”) or equivalent document proving that the property is fit for habitation.
There are two possible scenarios:
1. Property Built Before 1988 with an Existing Occupancy Certificate
If your property was built before 1988 and already holds a valid Certificate of Habitability, this document is sufficient to obtain the tourist license. No additional technical documentation is usually required.
2. Property Built After 1988 or Without Certificate
If the property does not have an occupancy license, or was built after 1988, then you must apply for one at the Urban Planning Department (Departamento de Urbanismo) of your local Town Hall (Ayuntamiento).
Required documentation:
Application form (1 copy + original), including cadastral reference
Photocopy of your DNI / NIE / CIF
Proof of legal representation (if acting through a company)
Proof of payment of administrative fees
In addition, you will need to submit technical documentation:
A descriptive and graphic certificate issued by a qualified technician, including:
Date of construction
Description of current condition of the property and its facilities
Cadastral and land registry references
A Responsible Declaration signed by the technician or stamped by their professional association, based on the Model 14 form from the local planning department.
Step 3: Register the Property in the Andalusian Tourism Registry
Once the Occupancy License is approved, you must register your property in the Andalusian Tourism Registry by submitting a “Declaración Responsable” to the Consejería de Turismo (Tourism Office of the Regional Government).
This declaration must include:
Cadastral reference of the property
Maximum guest capacity, based on the occupancy license
Full details of the owner and a notification address
Name and ID of the person managing the rental activity, and their legal authority to do so
This step is mandatory before you can legally advertise or rent the property to tourists. After submission, you will receive a registration number (VFT/XX/XXXX) that must appear in all your ads and listings.
Additional Notes on Compliance
You must register guest information with the local police using the partes de entrada system.
You are legally obliged to declare all rental income in your Spanish tax returns.
Failure to comply with registration or operational rules may result in fines ranging from €2,000 to €150,000, depending on the severity.
For foreign owners, it is highly advisable to appoint a tax and legal representative in Spain to manage compliance and filing.
How TLACORP Can Help
At TLACORP, we offer complete legal support for property owners wishing to rent their homes in Andalusia for tourist use. Our services include:
Legal analysis of the property’s eligibility
Application for the Occupancy License
Preparation and submission of technical and legal documentation
Registration in the Andalusian Tourism Registry
Advice on tax obligations and fiscal representation
Contract drafting and compliance with consumer protection laws
We work with properties across Málaga, Seville, Cádiz, Granada, Almería, Córdoba, and other towns in Andalusia.
Ready to Start?
If you’re considering turning your home into a legal tourist rental in Andalusia, we can guide you through the entire process with clarity and efficiency.
🔹 Contact us now for a quote or legal assessment
🔹 Learn more about property rental laws in Spain
🔹 Visit our Tourist Rental section
Let us take care of the paperwork — so you can focus on hosting.