Guide · Updated November 2026
Can I rent out my home on the Costa del Sol as a holiday let?
The regional rules, town rules and building rules that decide whether you can let a home on the Costa del Sol to holidaymakers.
The short answer
Three sets of rules decide whether you can let a home to holidaymakers: Andalucía's tourism register, the town hall's planning rules, and the building's community of owners. Check all three for the home you want before you buy.
The region
A holiday let in Andalucía must be entered in the regional tourism register before it is advertised. A decree sets the standards. The decree was tightened in 2024, and it gives town halls the power to limit holiday lets.
The town hall
Rules differ from town to town. Málaga city stopped all new holiday-let registrations for up to three years from 23 August 2025. Other towns on the coast have their own rules, and the rules change. Ask the town hall about the street you are buying in.
The building
Since 3 April 2025, an owner in an apartment building needs the express approval of the community of owners before starting a holiday let. Approval needs three fifths of the owners and of the ownership shares. The same majority can ban holiday lets. Holiday lets that were legal before that date can continue.
The national register
Spain created a national register of short-term rentals in 2025. The Supreme Court annulled it on 19 May 2026. Regional and town rules were not affected.
A seller's registration
Do not assume a seller's registration passes to you. Ask your lawyer to confirm in writing that it can be transferred and that the community's rules allow it.
Sources, checked November 10, 2026
- Bufete Iuris: article 17.12 of the Horizontal Property Act after Organic Law 1/2025
- Ayuntamiento de Málaga, August 2025
- Idealista News, 21 May 2026
This is a summary of public reports. It is not legal or tax advice. Rules change, so check anything you rely on with your lawyer.
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