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

Introduction

Buying or selling a property on the Costa del Sol that is used (or intended) for short-term holiday rentals
(Vivienda con Fines Turísticos, “VFT”) often raises a simple question with a technical answer:
does the licence transfer with the property? In Andalucía the registration is generally treated as
an attribute of the property. A buyer usually notifies the Junta de Andalucía to update the file rather than
re-apply from scratch—provided the home still meets all legal and planning requirements.

Licence transferability on sale (Andalucía)

In practice, the VFT registration is linked to the property. On a sale:

• The new owner is not expected to obtain a brand-new VFT where a valid registration is already in place.
• The buyer must notify the Registro de Turismo de Andalucía (RTA) of the change of ownership.
• All underlying standards still apply (tourism decree, habitability/safety, urban compatibility, and any municipal overlays).

Good to know: Treat the VFT as continuing with the property, but make the notification promptly and
keep evidence on file (copy of registration certificate, proof of notification, and community minutes).

What changed in 2025 (context for the Costa del Sol)

• National registry layer (NRUA): Spain introduced a state-level registration number that can be
  noted in the Property Registry alongside Andalucía’s VFT. It does not replace the VFT; it complements it.
• Horizontal Property Law update (3 April 2025): Communities may approve, limit, condition or
  prohibit new tourist rentals by 3/5 majority—generally without retroactive effect against homes already
  operating lawfully before the resolution.
• Practical doctrine in 2025 rulings: Administrative delays or registry formalities shouldn’t, by
  themselves, extinguish a valid tourist-use status where the property complies with applicable rules.
• Municipal overlays on the Costa del Sol: Málaga City has prohibited or restricted new
  tourist homes in defined neighbourhoods. Marbella, Benahavís and Estepona apply their own compatibility criteria.
  These measures affect new setups and should be checked in due diligence.

What buyers & sellers must check

Verification

• Confirm the property’s VFT in the RTA and that it is active and compliant with the current Andalusian decree.
• Validate urban-use/planning compatibility (municipal rules can differ by 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 decisions impacting new tourist use.

Operational due diligence

• Check guest-ID reporting, complaint book, safety kit, AC/heating/ventilation and other platform-compliance items.
• Audit habitability and equipment standards; ask for maintenance and inspection records.

Transfer steps at completion

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

Key risks to watch

• Listings that appear “licensed” but are actually non-compliant or inactive in the RTA.
• Valid community resolutions after 3 April 2025 affecting new tourist-use starts or expansions.
• Municipal zoning that blocks new registrations (even if it doesn’t cancel existing lawful use).
• Technical non-compliance (safety/ventilation/first-aid/complaint book) leading to audits or cancellation.

Buyer/Seller quick checklist

[ ] Confirm VFT registration in the RTA (active status + correct address/capacity).

[ ] Verify municipal compatibility/zoning for tourist use.

[ ] Check community minutes for any post-April-2025 resolutions (note dates & wording).

[ ] Confirm NRUA note is filed or fileable at the Property Registry.

[ ] Review operational compliance (guest-ID, complaint book, safety kit, AC/heating).

[ ] At closing: notify the Junta of the ownership change; save proof.

[ ] Keep the full documentation pack with the deeds for future resale and audits.

Buyer resources & related links

• Purchase Costs (Andalucía)
• Visas & Residency Guides​
• Area Guides (Costa del Sol)
• New Developments

Disclaimer: This guide is for general information only and is not legal advice. Regulations evolve and enforcement varies by municipality and community. Always obtain advice from your lawyer before you buy or sell.