Holiday Rental Licence Guide: Marbella and Costa del Sol 2026
A valid holiday rental licence (VUT) is now mandatory to legally rent your property to tourists on the Costa del Sol, with fines for non-compliance reaching up to €150,000. The regulatory landscape changed significantly in 2024-2025 with new community approval requirements, a national registration system, and municipal powers to restrict licences by zone. For property buyers considering rental income, verifying licence status before purchase is now as important as the Nota Simple.
This guide covers every requirement for obtaining and maintaining a tourist rental licence in Marbella and the wider Costa del Sol in 2026.
What Is a VUT Licence?
VUT stands for Vivienda de Uso Turistico — the official classification for residential properties offered for short-term tourist stays in Andalucia. A stay qualifies as tourist rental when it is less than two consecutive months, marketed to a transient audience, and offered in exchange for payment.
The terminology changed from VFT (Vivienda con Fines Turisticos) to VUT under Decree 31/2024. Your licence number format remains VFT/MA/XXXXX for properties registered in Malaga province, but new registrations may use the updated VUT designation. Both are valid.
In our experience advising international buyers, the holiday rental licence is the single most overlooked element of property due diligence on the Costa del Sol. Buyers who assume they can rent out their new property without a licence face fines, platform delisting, and community disputes.
The Regulatory Framework in 2026
Holiday rental regulation in Spain now operates across three layers, each with different requirements:
National level: Real Decreto 1312/2024 established the Ventanilla Unica Digital de Arrendamientos — a national digital registry. From July 2025, every tourist rental property in Spain must hold an NRUA number (Numero Unico de Registro de Alquiler). Platforms including Airbnb, Booking.com, and Vrbo are legally obligated to remove listings without this number. The EU has set a non-extendable deadline of May 2026 for Spain to resolve registry duplication between national and regional systems.
Regional level (Andalucia): Decree 31/2024 replaced Decree 28/2016 as the primary legislation governing tourist rentals in Andalucia. Over 90,000 VUT properties are registered in the region. Full compliance with the new decree is required from 2026. Andalucia's new housing law (Ley 5/2025) came into force in January 2026, updating broader housing regulation across the region.
Municipal level: Municipalities now have the power to limit, restrict, or prohibit tourist licences in specific zones. Malaga city and Fuengirola have already imposed significant restrictions. Marbella's city council is developing its own municipal registry to monitor rental density. We guide buyers through the specific municipal rules for their target area before they commit to a purchase.
New Requirement: Community of Owners Approval
This is the most impactful regulatory change for apartment buyers. Effective from 3 April 2025:
If you apply for a holiday rental licence in a multi-unit building, you must obtain explicit approval from the community of owners (comunidad de propietarios). This requires a three-fifths majority vote of total ownership quotas — not just those present at the meeting. A 20-day objection period follows the meeting minutes notification.
Critical detail for buyers: Properties that held a valid licence before 3 April 2025 are grandfathered — they do not require retrospective community approval. This makes pre-existing licensed properties significantly more valuable as investments. When we advise clients looking for rental income properties, licence status and date of registration are now primary evaluation criteria.
Without community approval, your licence application will be rejected regardless of whether your property meets all technical requirements. Some communities have proactively voted to prohibit all tourist rentals in their building. Verify the community position before purchasing.
Technical Requirements
Your property must meet specific standards to qualify for a VUT licence in Andalucia:
Space and facilities:
- ◆ Minimum 14 square metres per guest
- ◆ Air conditioning (heating and cooling)
- ◆ Hot water supply
- ◆ Fully equipped kitchen
- ◆ Adequate ventilation and natural light
- ◆ First aid kit
- ◆ Emergency evacuation plan displayed
Safety and insurance:
- ◆ Mandatory third-party liability insurance (minimum coverage established by Decree 31/2024)
- ◆ Fire safety compliance
- ◆ Functioning smoke detectors
- ◆ 24/7 contact information available to guests
Guest registration:
- ◆ All guests must be registered with the police (Guardia Civil or Policia Nacional) via the Hospedajes system
- ◆ Registration must be completed within 24 hours of check-in
First Occupation Licence: Under the new decree, presenting a First Occupation Licence (Licencia de Primera Ocupacion) is no longer required. Instead, owners submit a declaration that the property complies with urban planning regulations. However, our clients tell us this is an area where false economies are dangerous — we strongly recommend obtaining an architect's certificate confirming compliance, as inaccurate declarations can result in licence cancellation.
How to Apply for a VUT Licence
The application process follows these steps:
1. Verify community statutes — confirm tourist rentals are not prohibited and obtain community approval if applying after 3 April 2025
2. Confirm municipal compliance — check with the local Ayuntamiento that your area is not restricted
3. Prepare documentation — Nota Simple, property owner identification, technical compliance declaration, insurance policy, maximum capacity declaration, availability period
4. Submit through the Junta de Andalucia tourism portal — online via the Registro de Turismo de Andalucia (RTA)
5. Obtain NRUA number — register on the national platform for your unique national registration number
6. Register with the tax authority — file Form 036/037 to declare the rental activity
7. Display your licence number — on all platforms, advertisements, and at the property entrance
Processing typically takes 2-4 weeks. Once granted, the licence is linked to the property (caracter real), not to the owner.
Licence Transferability: Key for Buyers
This is where the VUT licence becomes particularly relevant for property investors. Holiday rental licences in Andalucia transfer with the property upon sale. The licence is attached to the specific unit, not the person.
When the property changes hands, the new owner submits a Declaracion Responsable informing the Junta de the change in legal title. This process is electronic and typically straightforward — no new community approval is needed if the original licence was issued lawfully.
Having advised hundreds of international buyers, we flag this as a critical investment criterion. A property with an existing, valid VUT licence issued before April 2025 is materially more valuable than an unlicensed equivalent — it carries grandfather protection against new community restrictions. We verify licence validity, registration date, and transferability on every property where rental income is part of the buyer's strategy.
Rental Income Potential on the Costa del Sol
Licensed properties in prime locations on the Costa del Sol generate strong rental yields:
Peak season runs June-September, with secondary peaks at Easter and Christmas. Year-round occupancy rates for well-managed licensed properties in Marbella typically reach 65-80%.
Management costs: Professional property management services charge 15-25% of rental income. This covers guest communication, check-in/check-out, cleaning, linen, maintenance coordination, and platform management.
Penalties for Operating Without a Licence
The consequences of renting without a valid VUT licence are severe and actively enforced:
- ◆ Operating without a licence: fines up to €150,000
- ◆ Failure to meet property standards: fines of €6,000-€12,000
- ◆ Failure to register guests: separate penalties under national security legislation
- ◆ Platform delisting: Airbnb, Booking.com, and Vrbo are legally required to remove unlicensed listings
- ◆ Closure order: authorities can enforce cessation of the rental activity
Enforcement has intensified since 2024. The Junta de Andalucia conducts platform audits cross-referencing listed properties against the RTA register. We have seen several clients approach us after receiving fines for properties they purchased without verifying licence status — prevention is significantly cheaper than remediation.
Frequently Asked Questions
Q: Do I need a licence to rent my property in Marbella?
A: Yes. Any residential property offered for tourist stays of less than two months requires a VUT licence registered with the Junta de Andalucia and an NRUA number on the national registry. Operating without a licence carries fines of up to €150,000 and mandatory platform delisting.
Q: Can my community of owners block me from getting a tourist licence?
A: Yes. Since 3 April 2025, new licence applications in multi-unit buildings require a three-fifths majority approval from the community of owners. Some communities have proactively voted to prohibit tourist rentals entirely. Properties licensed before this date are grandfathered and do not require retrospective approval.
Q: Does a holiday rental licence transfer when I buy a property?
A: Yes. VUT licences in Andalucia are linked to the property (caracter real), not the owner. When the property is sold, the licence transfers with it. The new owner submits a change-of-ownership declaration to the Junta. No new community approval is needed for pre-existing licences.
Q: What are the ongoing costs of holding a VUT licence?
A: Annual costs include mandatory third-party liability insurance (€200-€500), tax registration and compliance, guest registration system, property management (15-25% of income if outsourced), and local waste collection fees. You must also declare rental income and pay applicable income tax.
Q: Can I rent out just part of my property?
A: Yes. Decree 31/2024 permits room-by-room rental provided occupancy limits are respected and minimum conditions are met per guest. However, this is less common in the luxury market and may face additional community restrictions.
Next Steps
The holiday rental licence landscape on the Costa del Sol is the most complex it has ever been — and the stakes for getting it wrong have never been higher. Whether you are buying specifically for rental income or want the option to rent when you are not using the property, licence verification should be part of your purchase due diligence from day one.
Speak to the Luxury Spanish Homes team to arrange your personalised property tour.
Luxury Spanish Homes provides independent buyer advisory services across the Costa del Sol.
www.luxuryspanishhomes.com | [email protected] | +44 7814 193722