Holiday-Rental Licences on the Costa del Sol: Transferability & Key Risks

Holiday rentals are hugely popular across the Costa del Sol, and many buyers look specifically for homes that already operate under Andalucía’s Vivienda con Fines Turísticos (VFT) licence. One question comes up again and again:

does the holiday-rental licence transfer when the property is sold?

The answer is mostly yes - but with important conditions, 2025 legal changes and several due-diligence steps that buyers and sellers shouldn’t overlook.

Does a holiday-rental licence transfer to a new owner?

In Andalucía, the VFT registration is generally treated as an attribute of the property, not of the individual owner.

In practice, that means:

• The new owner is not usually required to obtain a brand-new VFT licence if a valid registration is already in place.
• The buyer must notify the Registro de Turismo de Andalucía (RTA) of the change of ownership.
• The property must still comply with all current legal, technical and planning requirements.

Practical takeaway: treat the VFT as continuing with the home, but make the ownership-change notification promptly and keep a clear evidence file
(VFT certificate, proof of notification, community minutes and planning documentation).

What changed in 2025?

Several legal and administrative updates now affect how holiday rentals are managed and transferred on the Costa del Sol.

1) National registry layer (NRUA)

Spain has introduced a state-level holiday-rental registration number (NRUA), which can be noted in the Property Registry alongside Andalucía’s VFT.
It does not replace the VFT; it works as an additional registry layer.

2) Horizontal Property Law update (3 April 2025)

Communities of owners can now approve, limit, condition or restrict new tourist-rental activity with a 3/5 majority vote.
As a general rule, these resolutions do not apply retroactively to homes that were already operating lawfully as holiday rentals before the decision.

3) Administrative doctrine in 2025 rulings

Courts have underlined that administrative delays or registry formalities should not, by themselves, extinguish a valid tourist-use status
where the property complies with the applicable rules.

4) Municipal overlays on the Costa del Sol

Municipalities can set their own overlays and compatibility rules:

• Málaga City has restricted or prohibited new tourist homes in certain neighbourhoods.
• Marbella, Benahavís and Estepona apply their own criteria on urban compatibility and zoning.
• These measures mainly affect new setups and registrations, but they must be checked as part of due diligence.

What buyers & sellers must check

Buying or selling a property used for short-term holiday rentals now involves two key layers of due diligence:

1) Licence & planning verification

• Confirm the property’s VFT in the Registro de Turismo de Andalucía (RTA) and that it is active, with correct address and capacity.
• Validate urban-use and planning compatibility, including municipal rules for the specific city and zone.
• Confirm whether the national NRUA note exists in the Property Registry or can be filed.
• Review recent community minutes for any post–3 April 2025 resolutions impacting new tourist use.

2) Operational due diligence

• Check guest-ID reporting processes, complaint book, safety kit and platform-compliance items.
• Audit habitability and equipment standards; ask for maintenance and inspection records where available.
• Confirm AC/heating and ventilation meet both comfort and regulatory expectations.

3) Transfer steps at completion

• Notify the Junta de Andalucía (RTA) of the change of ownership and keep proof on file.
• Register or update the NRUA note in the Property Registry where relevant.
• Retain a full documentation pack (VFT certificate, notification receipt, community minutes, municipal compatibility) with the title deeds.

Key risks to watch

Even where a property is advertised as “licensed”, there can be gaps or issues. Typical risks include:

• Listings that appear “licensed” but are inactive, suspended or non-compliant in the RTA.
• Community resolutions after 3 April 2025 that restrict new tourist-use starts or extensions.
• Municipal zoning that prevents new registrations, even if it does not cancel existing lawful use.
• Technical non-compliance (safety, ventilation, first-aid, complaint book) that may trigger inspections, fines or cancellation.
• Incomplete documentation when you come to resell or respond to a regulatory audit.

Buyer resources & related links

• Purchase Costs (Andalucía)
• Homes with Touristic Licences in Benahavís
• Visas & Residency Guides
• Area Guides (Costa del Sol)
• New Developments

Disclaimer

This guide is for general information only and does not constitute legal advice. Regulations evolve and enforcement practices vary by municipality and community.

Always obtain specific advice from your lawyer or specialist advisor before you buy or sell a property used for tourist rentals.

↑ Back to top