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

Holiday rentals remain highly popular across the Costa del Sol, and many buyers actively seek homes that already operate under Andalucía’s Vivienda con Fines Turísticos (VFT) registration.
One practical question comes up time and again:

Does the holiday-rental licence continue when the property is sold?

In most cases, the answer is yes — but only where specific legal, planning and administrative conditions continue to be met.

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

In Andalucía, a VFT registration is generally treated as an attribute of the property, rather than of the individual owner.

In practical terms, this usually means:

  • A buyer is not normally required to apply for a brand-new VFT if a valid registration already exists
  • The change of ownership must be notified to the Registro de Turismo de Andalucía (RTA)
  • The property must remain compliant with current legal, planning and technical requirements

Key takeaway: treat the VFT as continuing with the property, but ensure the ownership change is notified promptly and fully documented.

What changed in 2025?

A number of legislative and administrative changes introduced in 2025 now affect how holiday rentals are registered, transferred and reviewed.

1) National registry layer (NRUA)

Spain has introduced a national tourist-rental reference (NRUA) which may be noted at the Property Registry alongside the Andalucía VFT.
It does not replace the VFT and operates as an additional registry layer where applicable.

2) Horizontal Property Law update (3 April 2025)

Communities of owners may now approve, limit or condition new tourist-rental activity by a 3/5 majority vote.
As a general rule, these resolutions do not apply retroactively to properties that were already operating lawfully.

3) Municipal overlays

Local councils apply their own zoning and compatibility rules:

  • Málaga city restricts or prohibits new tourist homes in specific zones
  • Marbella, Benahavís and Estepona apply local compatibility criteria
  • These measures primarily affect new registrations, but must always be checked

What buyers & sellers must check

Holiday-rental transactions now involve two clear layers of due diligence:

Licence & planning checks

  • Confirm the VFT is active in the RTA (correct address and capacity)
  • Verify municipal zoning and tourist-use compatibility
  • Check whether an NRUA reference exists or can be filed
  • Review community minutes for post-April-2025 resolutions

Operational compliance

  • Guest-ID reporting, complaint book and safety equipment
  • Habitability standards, ventilation and climate control
  • Maintenance and inspection records where available

Key risks to watch

  • VFT registrations that are inactive, suspended or incorrectly recorded
  • Community resolutions restricting new tourist use
  • Municipal zoning blocking new registrations despite historic use
  • Technical non-compliance triggering inspections or fines
  • Incomplete documentation affecting resale or audits

Buyer & seller quick checklist

  • [ ] Active VFT confirmed in the RTA
  • [ ] Municipal compatibility verified
  • [ ] Post-April-2025 community resolutions reviewed
  • [ ] NRUA status checked
  • [ ] Operational compliance reviewed
  • [ ] Ownership change notified at completion
  • [ ] Full compliance file retained with deeds

Buyer resources & related links

Disclaimer

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

Always obtain advice from your lawyer or specialist advisor before buying or selling a property used for tourist rentals.

↑ Back to top