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.
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:
In January 2024, Decree 31/2024 introduced a transition period for properties already registered, allowing existing rentals time to adapt to updated requirements.
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.
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:
From 3 April 2025, properties cannot be rented for tourist use without this formal community approval.
Yes — in most cases.
An additional transitional clause confirms that:
Each situation depends on registration dates and compliance status, which is why verification is essential.
Spain is also implementing new short-term rental controls aligned with European regulations.
These regulations aim to improve transparency and oversight of short-term rentals across Europe.
Spain is introducing:
This system will centralise data related to short-term rental activity and connect:
This transition period allows owners, managers and platforms time to adapt before enforcement begins.
Failure to comply may result in:
In high-demand areas of Marbella, enforcement and monitoring are already increasing.
At Pass the Keys Marbella, compliance is integrated into daily operations.
We support owners by:
Our goal is to reduce risk, avoid last-minute issues and protect long-term rental viability.
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