Good News for Buyers of Tourist Properties on the Costa del Sol!
We’re pleased to share an important update from the Junta de Andalucía that brings welcome clarity – and opportunity – for anyone buying a property already registered as a tourist accommodation in the region.
A quick summary –
(1) Great News for Buyers in Andalusia! Tourist property rules just got easier.
(2) The Problem (Before) – Until now, new owners of tourist rentals had to get Community approval (3/5 majority) before continuing to rent their property.
(3) The Change (Now) – No more approval needed! The Junta de Andalucia has confirmed that when a licensed property is sold, the licence stays valid with the property.
(4) What it Means – Faster, smoother property transfers, License stays with the home, No risk of losing tourist rental rights. Perfect for investors & second-home buyers!
(5) Why It Happened – After a key legal clarification by Spain’s DGSJFP, Andalucia now officially recognises that the tourist license belongs to the property, not to the previous owner.
No More Community Approval Needed When You Buy a Licensed Property.
Until recently, when a property changed ownership, new owners who wished to continue operating it as a holiday rental were required to obtain the express approval of the community of property owners (with a three-fifths majority).
This requirement often created delays and uncertainty in transactions involving tourist properties.
Now, the Junta de Andalucía has officially confirmed that this is no longer necessary.
“It is no longer necessary to provide the express and valid approval of the Community of Property Owners in cases of a change of ownership involving the transfer of the property.”
— Official communication from the Junta de Andalucía, October 2025
What This Means for Buyers of New Property
It is feasible that if the new owner of an off plan property applies for the touristic license prior to the first meeting (where the community is established) that said license is then protected under these new transitional rights. If the community then later decides to ban short term rentals, the license granted prior to the meeting would therefore be valid. This is subject to their being no statute limitations set by the developer prior to completion which can be checked and verified by your lawyer during the due diligence phase of reserving off plan.
What This Means for Buyers of Resale Properties
– The tourism licence is now recognised as linked to the property, not the individual owner.
– When you purchase a property already registered in the Andalusian Tourism Registry (Registro de Turismo de Andalucía), its tourist rental licence remains valid and active.
– You can continue offering short-term rental services immediately, without needing additional community approval.
This update significantly simplifies the process for buyers and investors interested in the tourist accommodation market in Andalusia.
Background
The clarification follows a resolution from the Dirección General de Seguridad Jurídica y Fe Pública (DGSJFP) earlier this year, which confirmed that the Andalusian tourist licence is attached to the property, not personal to the previous holder.
Our legal partners, Pérez de Vargas Abogados, submitted formal consultations to the regional government requesting that its position be aligned with this interpretation — and the Junta de Andalucía has now done so.
Why This Matters for You
This change removes one of the main bureaucratic obstacles for investors seeking to acquire and manage tourist rental properties in Andalusia.
It means:
– Smoother transactions when buying licensed properties
– No risk of losing the licence on transfer of ownership
– Faster entry to the short-term rental market
If you’re considering investing in a licensed tourist property or off plan property in Andalusia, now is an excellent time to explore the market.
Contact us today for expert guidance on available properties, licensing verification, and purchase procedures.
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Best regards,
Jason Callow
