In Andalusia, tourist licenses are attached to the property – not the owner

New ruling on holiday rentals on the Costa del Sol

A new decision from Spain’s Ministry of Justice confirms that a tourist rental license in Andalusia is tied to the property itself – not the owner.

This means that when a holiday home is sold, the right to continue short-term rentals automatically transfers with the property, as long as it continues to meet the regional requirements.

This clarification provides greater security for both buyers and investors, ensuring continuity and preventing unnecessary interruptions in rental activity. Previously, the regional tourism authority had claimed that licenses expired upon sale – but the new ruling changes this and creates a clearer and more stable framework for the property market.

Here is the detailed explanation of the new ruling on tourist rental licenses for properties.

New ruling on tourist rental licenses in Andalusia

A ruling by the Directorate-General for Legal Certainty and Public Trust, under Spain’s Ministry of Justice, has resolved a key issue for the holiday rental sector in Andalusia. It establishes that any tourist rental registration is linked to the property itself, not to the individual owner.

In practice, this means that when a holiday property is sold, the tourist rental license remains valid, provided the property still complies with the regional government’s requirements. The ruling clarifies that the license is not personal but attached to the property’s objective conditions.

Legal experts welcome the decision, highlighting how it ensures continuity, protects property investments, and strengthens legal certainty. Lawyer Jacob Salama explained on LinkedIn that the doctrine “prevents simple administrative delays from blocking lawful tourist rentals and recognizes the true nature of the license: an attribute of the property that increases its value and stability.”

The case originated in Torremolinos, where a property owner appealed against the land registry’s refusal to assign a tourist rental ID number because the property was registered under a different name than in the Andalusian tourism registry. After several appeals, the Ministry referred the matter to the Directorate-General, which confirmed in May that the right to operate tourist rentals is linked to the property, not the owner. This interpretation is consistent with consolidated case law from Spain’s Supreme Court, which has previously ruled that a change in ownership does not affect a license as long as the objective conditions remain the same.

This contradicts the position of Turismo, the Andalusian regional tourism authority, which had previously maintained that licenses could not be transferred upon sale. The new ruling rejects that interpretation, stating that “the authorization is not personal but real, and its validity depends on the objective characteristics of the property to which it is assigned.”

Juan Cubo, president of Avva-Pro, Andalusia’s holiday rental association, welcomed the ruling as “very positive,” emphasizing that it confirms a fundamental principle: the license is linked to the property. He added that when a licensed property is sold, it is sufficient to notify the authorities – there is no need to restart the licensing process, provided the requirements remain in place. However, new owners must still comply with any restrictions imposed by homeowners’ associations under Spain’s Horizontal Property Law.

The resolution, which is binding, therefore confirms that tourist rental licenses are property-based and remain valid as long as the objective conditions are met.

The ruling comes at a time when the holiday rental market in Andalusia continues to grow. As of August 26, Turismo reported more than 150,000 registered holiday properties in the region, offering a total of 789,596 beds. The Costa del Sol leads the way with 86,557 properties and 457,262 beds. In Málaga province, Marbella tops the list with 15,322 properties (89,279 beds), followed by Málaga city with 12,876 properties (65,480 beds).

Other provinces include Cádiz (21,178 properties), Almería (12,815), Seville (11,481), Granada (9,587), Huelva (4,073), Córdoba (3,731) and Jaén (928).