With high demand for holiday rentals in Marbella and surrounding areas such as Elviria, Cabopino, Río Real, El Rosario, Nueva Andalucía and San Pedro de Alcántara, some property owners are tempted to start renting before completing all legal requirements, especially when the property looks ready and platforms allow fast listing creation.
However, renting without a valid tourist licence in Andalusia is illegal and actively monitored by authorities, even if the property is already furnished and advertised online.
Yes. Any property offered for short-term tourist stays in Andalusia must be registered as a Vivienda con Fines Turísticos (VFT) and display a valid licence number on all advertising platforms. Without this registration, the rental activity is considered illegal, even if the owner has already submitted an application.
This applies to apartments, townhouses and villas across Marbella and its surrounding residential areas.
In this guide, we explain what really happens when a property is rented without a licence in Marbella, how inspections work, and how owners can protect themselves before problems arise.
Many owners believe inspections only happen after neighbour complaints, but in reality detection methods are much broader. Monitoring is particularly active in high-occupancy zones such as Elviria, Cabopino, Río Real, El Rosario, Nueva Andalucía and San Pedro de Alcántara, where short-term rental activity is especially concentrated.
Authorities monitor:
Online booking platforms
Advertisement listings
Social media rental offers
Tourism registries and cross-references
Automated systems allow officials to match listings with official licence databases, making it easier than ever to identify unregistered properties.
Renting without a valid licence can lead to:
Fines of several thousand euros
Immediate removal of listings from platforms
Formal inspection processes
Administrative legal procedures
Restrictions on future licence applications
In some cases, properties may be temporarily barred from operating as tourist rentals until all legal requirements are fully met and verified.
Beyond financial penalties, illegal rental activity can also cause:
Problems with community of owners
Insurance coverage issues
Guest claims not being covered
Long-term reputation damage on platforms
If an incident occurs while operating illegally, insurance companies may refuse coverage entirely.
This is especially critical for owners who do not live permanently in Spain and may not be present to manage emergencies or inspections in person. This can leave owners responsible for very high compensation costs.
Many illegal rentals happen unintentionally, such as when:
Owners start renting while waiting for registration confirmation
Licence applications were rejected or incomplete
Property type does not qualify for registration
Community rules prohibit tourist use
In these situations, owners may assume they are allowed to rent — until an inspection proves otherwise.
The safest way to operate is to ensure that:
The tourist licence is fully approved and active
The licence number appears on all listings
Property conditions meet legal standards
Guest registration and safety rules are followed
Professional management helps ensure that properties only go live once they are fully compliant.
At Pass the Keys Marbella, we verify legal readiness before activating any listing.
This includes:
Checking licence registration status
Reviewing community regulations
Confirming safety and documentation requirements
Ensuring platform listings display correct licence numbers
This prevents owners from accidentally operating illegally and protects long-term rental viability.
While skipping legal steps may seem faster in the short term, the long-term consequences often include:
Lost income due to suspended listings
Higher regulatory scrutiny
Reduced buyer appeal if selling later
Operating legally protects both current income and future property value.
Not sure if your property is fully compliant with tourist rental regulations in Marbella or surrounding areas? Our local team can review your licence status, documentation and listing compliance before the high season begins.
👉 Book a free legal readiness and compliance review call here:
https://calendly.com/ana-torrens-passthekeys
Rent confidently and protect your investment.