Running a holiday rental in Marbella today involves much more than understanding the law.
Tourist rental regulations in Andalusia are becoming increasingly complex, and while this article provides an overview of the current legal framework, it is not intended as legal advice. Regulations are only one part of operating a compliant and profitable holiday rental.
For most owners, the real challenge is not interpreting legislation, but managing how these rules affect day-to-day rental operations: listings, guest stays, community rules, registrations and ongoing compliance visibility.
This article explains the current regulatory landscape affecting holiday rentals in Marbella and surrounding areas, and why many owners choose professional holiday rental management to operate legally, efficiently and with long-term stability.
What Is the Current Law for Tourist Rentals in Andalusia?
Tourist rentals in Andalusia are regulated primarily by Decree 28/2016, which establishes the general rules for properties registered as Viviendas con Fines Turísticos (VFT).
This decree defines:
- Who can operate a tourist rental
- Minimum habitability and safety standards
- Registration requirements with the regional tourism authority
Recent Updates to the Law
In January 2024, Decree 31/2024 introduced a transition period for properties already registered, allowing existing rentals time to adapt to updated requirements.
Do You Need Community Approval to Rent Your Property in Marbella?
Yes — for new tourist rentals, community approval is now a key requirement.
Under Organic Law 1/2025, published on 2 January 2025, the Horizontal Property Law (which governs apartment buildings and communities of owners) was amended.
What Changed?
A new Article 7.3 requires owners to obtain prior approval from the Community of Owners to use a property for tourist rentals.
Additionally, Article 17.12 specifies that:
- Approval requires a 3/5 majority of all owners
- Those owners must also represent 3/5 of the participation quotas in the building
When Does This Apply?
From 3 April 2025, properties cannot be rented for tourist use without this formal community approval.
Can You Continue Renting If You Were Already Operating Before April 2025?
Yes — in most cases.
An additional transitional clause confirms that:
- Properties already operating legally as tourist rentals before 3 April 2025 may continue
- Owners must still comply with tourism regulations and applicable deadlines
Each situation depends on registration dates and compliance status, which is why verification is essential.
Digital Rental Register: New National and European Requirements
Spain is also implementing new short-term rental controls aligned with European regulations.
European and National Framework
- EU Regulation 2024/1028, approved on 11 April 2024
- Royal Decree 1312/2024, published on 23 December 2024
These regulations aim to improve transparency and oversight of short-term rentals across Europe.
What Is the Digital Rental Register in Spain?
Spain is introducing:
- A Single Rental Register
- A Digital Rental Portal
This system will centralise data related to short-term rental activity and connect:
- Digital platforms (Airbnb, Booking.com, etc.)
- Property managers
- Regional authorities
- Local councils
Who Is Responsible?
- Ministry of Housing and Urban Agenda: digital portal management
- College of Registrars: assignment of new registration numbers
- Regional governments (e.g. Andalusia): sector regulation
- Local councils: supervision and enforcement
When Do These Digital Rules Take Effect?
- Portal launch: 2 January 2025
- Mandatory application: 1 July 2025
This transition period allows owners, managers and platforms time to adapt before enforcement begins.
Why These Regulations Matter for Holiday Rental Owners in Marbella
Failure to comply may result in:
- Fines
- Listing suspensions
- Inspections
- Operational interruptions during high season
In high-demand areas of Marbella, enforcement and monitoring are already increasing.
How Pass the Keys Marbella Supports Legal and Operational Compliance
At Pass the Keys Marbella, compliance is integrated into daily operations.
We support owners by:
- Verifying licence and registration status
- Reviewing community regulations
- Ensuring listings meet legal visibility requirements
- Monitoring regulatory changes at local, regional and national level
Our goal is to reduce risk, avoid last-minute issues and protect long-term rental viability.
Contact Pass the Keys Marbella
Regulations, registrations and reporting are now part of holiday rental operations in Spain.
For many owners, this is the moment when self-management stops being sustainable.
At Pass the Keys Marbella, we manage holiday rentals end to end — from guest experience and pricing to compliance visibility — so owners can focus on income, not paperwork.
If you’re looking for professional holiday rental management in Marbella, we’re happy to explain how it works.
👉 Book an introductory call about holiday rental management:
https://calendly.com/ana-torrens-passthekeys