Short-Term Rental Rules on the Costa del Sol in 2026

Short-term rental can still be possible on the Costa del Sol, but buyers should not assume that every property can be legally rented to tourists.

In 2026, the key point is simple: before relying on tourist rental income, check the property, the municipality and the community of owners.

Important: this article is general information only. It is not legal, tax or investment advice. Buyers should ask a Spanish lawyer to verify the situation before signing a reservation contract.

Quick summary

Community approval

Since April 2025, owners who want to start tourist rental activity in a residential building may need prior express approval from the community of owners.

This approval is not a simple formality. It usually requires a qualified majority of owners and ownership quotas.

For buyers, this means one thing:

Do not assume that a property can be used for tourist rental just because similar apartments in the building are advertised online.

Before buying, ask your lawyer to check:

• the community statutes;
• recent community meeting minutes;
• whether tourist rentals are allowed, limited or prohibited;
• whether express approval already exists;
• whether that approval applies to the property and to the future buyer.

Andalusian tourist registration

In Andalusia, tourist homes must comply with the regional rules for viviendas de uso turístico.

The activity is normally started through a declaration of responsibility and registration with the Andalusian tourism authority.

Buyers should verify:

• whether the property is already registered;
• whether the registration details are correct;
• who is listed as the operator;
• whether the number appears correctly in advertising;
• whether any change of owner or operator must be reported;
• whether the property still meets the current requirements.

A buyer should not rely only on the seller saying “the property has a tourist licence”. The registration should be checked directly by the buyer’s lawyer.

Does a tourist licence transfer automatically when the property is sold?

Do not assume this automatically.

The safest approach is to verify the situation case by case. A property may have an existing tourist registration, but the buyer still needs to confirm whether the activity can continue after completion, whether the operator must be changed and whether the community or town hall rules affect the future use.

Before buying, ask for written confirmation from your lawyer.

National registry update

Older articles may mention a mandatory national short-term rental registry number.

Buyers should be careful with this information. In 2026, the Spanish Supreme Court annulled the parts of the national system related to the single registration procedure and the obligation to register through the Property Registry to obtain a number for online platforms.

This does not mean that tourist rentals are unregulated.

Regional registration, municipal rules, community approval, tax obligations and platform requirements still matter.

Local restrictions

Tourist rental rules can vary by municipality.

On the Costa del Sol, buyers should check the local rules in the exact town where the property is located. Málaga, Fuengirola, Marbella, Estepona, Mijas, Benalmádena and other municipalities may apply different planning criteria, local restrictions or inspection priorities.

Before buying for tourist rental, ask:

• Is tourist rental allowed in this building?
• Is tourist rental allowed in this area?
• Are there any local restrictions or moratoriums?
• Is independent access required?
• Are there any additional local taxes or fees?
• Has the town hall objected to similar applications?

Do not ignore property documentation

Even if the tourist registration process uses declarations, the property must still comply with legal, planning and technical requirements.

Buyers should check:

• nota simple;
• licence of first occupation or equivalent documentation, where relevant;
• cadastral details;
• community statutes;
• energy certificate;
• habitability and safety requirements;
• air conditioning, ventilation and equipment requirements;
• maximum occupancy;
• insurance.

A tourist rental strategy should never be based only on expected income.

Tourist rental versus mid-term rental

Because short-term rental rules are stricter, some buyers consider mid-term or long-term rental instead.

This can reduce regulatory risk, but it also changes the business model.

Before deciding, compare:

• expected rent;
• occupancy;
• management fees;
• platform fees;
• cleaning and maintenance;
• taxes;
• vacancy periods;
• personal use;
• legal restrictions.

Gross yield is not enough. Buyers should calculate net yield after costs and taxes.

Bottom line

Short-term rental on the Costa del Sol can still be attractive, but it requires proper due diligence.

Before buying a property for tourist rental, verify:

• regional tourist registration;
• community of owners approval;
• municipal restrictions;
• property documentation;
• tax obligations;
• realistic net yield.

The safest approach is to treat tourist rental as a regulated activity, not as an automatic right attached to every property.