Holiday-Rental Licences Now Transfer When You Sell
What It Means for Costa del Sol Owners
Good news for homeowners and investors across the Costa del Sol: a Vivienda con Fines Turísticos (VFT) licence now stays with the property when it is sold.
Recent legal clarifications from the Junta de Andalucía and Spain’s Ministry of Justice confirm that a tourist‑rental registration is a right attached to the dwelling itself, not to the individual who originally applied for it.
This means that if your apartment or villa already holds a valid VFT registration, the new owner can continue renting it out without reapplying. The only requirement is to notify the Junta de Andalucía of the change of ownership.
Background: What Changed in 2025–2026
When Andalucía introduced new holiday‑rental regulations on 3 April 2025, the initial interpretation suggested that VFT licences were personal to the owner.
However, subsequent legal rulings — including a Ministry of Justice resolution in August 2025 — overturned this interpretation and established that:
✔ A VFT licence is linked to the property, not the person
This was confirmed by the Directorate‑General for Legal Security and reinforced by case law, such as the Torremolinos ruling where the licence remained valid after the property changed hands.
✔ Community approval is required only for new VFT registrations
Since April 2025, registering a new VFT requires a 3/5 majority vote from the community of owners. This requirement does not apply to properties that already had a VFT before the vote.
Existing VFTs Are Protected (Grandfathered)
If a property obtained its VFT registration before the community voted to restrict short‑term rentals, the community cannot retroactively prohibit that property from continuing to operate.
This is consistent with Spanish administrative law:
- Rights acquired under a valid administrative licence cannot be removed retroactively unless the licence was obtained illegally.
- A VFT registration is an administrative act of the Junta de Andalucía.
- A community of owners cannot override or nullify a regional licence already granted.
A community vote can:
- Block new VFT registrations in the building.
- Prevent owners without a VFT from applying in the future.
A community vote cannot:
- Cancel an existing VFT.
- Stop a legally registered property from continuing short‑term rentals.
- Apply restrictions retroactively to already‑licensed units.
Even if the community votes against holiday rentals, owners must simply continue complying with standard rules (noise, guest behaviour, check‑in procedures), but the activity itself cannot be blocked.
This legal stability is one of the reasons the Costa del Sol — and Benahavís in particular — remains such a strong environment for lifestyle‑driven property investment.
Why This Matters for Buyers and Sellers
For years, uncertainty around licence transferability created hesitation in the market. Now, the rules are clear:
✔ The VFT licence runs with the property.
✔ The rental activity can continue uninterrupted after a sale.
For sellers, this means:
- A valid VFT licence adds tangible value to the property.
- Buyers increasingly pay a premium for homes with established rental income and compliant paperwork.
For buyers, it means:
- No delays waiting for a new licence.
- No risk of losing rental income during the transition.
- A smoother, safer acquisition process.
What Buyers Should Do
If you’re purchasing a property with an existing VFT:
- Request the VFT registration number and verify it on the Junta de Andalucía website.
- Confirm the property still meets all regulatory requirements.
- Check whether the community has voted to restrict new licences (this does not affect existing ones).
- After completion, file the change‑of‑ownership notice with the Junta.
What Sellers Should Know
If your property already operates on Airbnb, Booking.com, or similar platforms:
- Your VFT licence is now a marketable asset.
- Buyers value properties where the rental authorisation is already in place.
- The clarified legal framework gives buyers confidence — and strengthens your negotiating position.
What to Watch For
A few important points remain:
- Community votes can restrict new VFTs, but cannot cancel existing ones.
- Local zoning rules still apply — for example, Málaga city has introduced limits on new licences in certain central districts.
- Compliance remains essential: safety equipment, guest registration, complaint book, and all other obligations continue to apply to the new owner.
The Bottom Line
The Costa del Sol’s holiday‑rental landscape is now clearer, more predictable, and more investor‑friendly.
Your VFT registration now behaves like a feature of the property, not a fragile permit that disappears when you sell.
For owners, that means peace of mind.
For buyers, it removes one of the biggest hurdles to profitable ownership.
📩 Want help confirming if your home’s licence is transferable or active?
Darren & Angelina can connect you with trusted local advisors to review your property’s registration and rental potential.