This year the Marbella property market is entering a new phase with the introduction of much stricter short-term rental regulations. These changes, which impact property owners and investors, are particularly significant in popular tourist areas such as Marbella (and the wider Costa del Sol). Marbella is a particular hotspot, as it is renowned for luxury homes, cosmopolitan atmosphere and thriving holiday rental market, which means that owners of Marbella real estate could feel the effects of these reforms in a very direct way. For anyone currently considering buying luxury homes in Marbella as rental properties, understanding the new framework is now essential.
Mandatory Registration in the Andalusian Tourism Registry
All tourist-use properties must be registered in the Andalusian Tourism Registry and receive a regional identification code (e.g., VFT/MA/12345). This registration requires a responsible declaration confirming compliance with urban planning regulations and approval from the homeowners’ association
Community approval
As from 3rd April 2025, property owners in multi-unit buildings (comunidades de propietarios) must obtain explicit approval from their community (neighbours) to operate short-term rental properties in Marbella and throughout Andalusia. A three-fifths majority vote is required, and even then, after which there will be a further 20-day wait to find out if there are any late objections before approval is officially granted. Without the majority consent, short-term holiday rentals will not be allowed, even if the urbanisation / development statutes do not specifically ban them. For investors, this highlights the importance of due diligence when buying property in Marbella. Understanding community rules and gauging the likelihood of approval will now be a critical part of the purchase process.
First Occupation License
Another important change to be aware of is the elimination of the First Occupation License (Licencia de Primera Ocupación – LPO). Under Decree 31/2024, property owners no longer need to obtain an LPO in order to apply for a tourist rental license. Instead, they must declare compliance with urban planning regulations (normativa urbanística). While this simplifies the licensing process, there is a strong case for both buyers and investors to seek certification from an architect, as errors in compliance declarations can lead to the cancellation of the license, which could seriously affect rental income potential and overall property value.
Stricter habitability and safety standards
With the aim of improving the quality of tourist accommodation, the law also enforces stricter habitability and safety rules, coving almost every aspect of the property from size to safety and amenities. Rental properties are now legally obliged to provide at least 14 square meters per guest, with additional bathrooms required for larger homes. Air conditioning / heating systems and proper ventilation are mandatory, along with fire extinguishers, smoke detectors, a first-aid kit and a 24-hour guest contact service is also compulsory.
Every cloud has a silver lining
However, it is important to recognise, where some people see problems, others see opportunities. This could be good news for Marbella property investors, who purchase apartments and villas in Marbella, which already meet or exceed these standards, will likely become even more desirable as short-term rental properties. Although extra compliance may add costs, these measures will positively impact guest satisfaction and long-term rental yields.
Operator-managers
The new regulations formally introduce the role of an ‘operator-manager’, who will be legally responsible for managing the property as a short-term rental property. A tourist licence must now be registered under the operator-manager’s name, thereby ensuring clear accountability and compliance with regulations. And for those investing in Marbella real estate, this shift could bring a new level of professionalism to the market. Investors who prefer a hands-off approach will be able to work with operator-managers to ensure full compliance while maintaining strong rental performance.
Greater council control
Perhaps the most impactful change for the Marbella property market is the enhanced powers granted to municipalities. Local councils can now restrict the number of tourist rentals in areas where housing supply is under pressure, such as historic centres or neighbourhoods with limited rental availability. One such example, is Málaga city, which has already banned new tourist rentals in 43 neighbourhoods where they exceed 8 per cent of housing stock.
It is expected that Marbella real estate will see similar zoning restrictions, particularly in high-demand coastal and historic areas. This means investors will need to be more strategic, focusing on areas with long-term growth potential that are less likely to face strict caps.
Tax registration and local licencing
Owners must register the rental activity with the Tax Agency using form 036/037 and pay any applicable Business Activity Tax. Additionally, local fees, such as solid waste collection charges, must be paid to comply with municipal regulations
Timeline for transition
To help owners adjust, the government has set out transition periods. Properties already registered as tourist accommodations will have one year to meet the required standards, however the operator-manager model must be adopted within six months. So, it will be crucial to act quickly to prevent a disruption in rental income.
What it means for Marbella real estate investments
In conclusion, these new rules make expert advice and proactive planning more valuable than ever. Professional real estate agents in Marbella will need to guide clients through the new legislation to ensure properties meet compliance standards, and also highlight new opportunities in short-term rental sector.
While the regulations introduce new layers of responsibility, they also create a more professional and sustainable market. For investors, this means that buying property in Marbella for short-term rentals remains an attractive opportunity—provided that compliance and community approval are factored into the strategy. By staying ahead of these changes, investors can continue to benefit from Marbella’s position as one of Spain’s most desirable destinations for both tourism and real estate investment.
If you are looking to invest in luxury property for sale in Marbella as a short-term rental property, holiday home or a new forever family home, our friendly team can help you find the perfect Marbella property to suit your requirements.
Get in touch on +34 655 426 195 or +45 4016 0462 or WhatsApp, email marbella@andliving.es or visit the website https://andliving.es/
What are the new safety and habitability standards?
When you buy property in Marbella for short term rental, it is crucial that it meets or has the potential to meet a number of strict legal requirements:
- 14 square metres per guest
- At least 2 bathrooms for homes with more than 5 guests
- Air conditioning / heating
- Fire extinguishers, smoke detectors and a first-aid kit
- 24/7 contact for guests
- Valid energy efficiency certificate
What is community approval, and why is it important?
If you want to rent out your Marbella property as a short-term let, you require the approval of your Community or neighbours. Community approval requires a three-fifths majority vote from neighbours in multi-unit buildings. If you do not get this consent, it will not be possible to operate a short-term unit within the development, even if it is not explicitly banned in your community’s statutes. This means Marbella real estate investors must perform thorough due diligence before buying rental properties.
How do I register my Marbella property for short-term rental?
The first step is to approach your community to secure a majority vote in your favour. Once you have approval, you can apply for the VUT (Vivienda de Uso Turistico) online on Colegio de Registradores, the new national property registration system, by opening an account and uploading your property. You will also need to provide supporting documentation, confirming community approval, habitability certificate and declaration that your property meets the new legal standards.
How often do I need to renew my tourist rental licence in Marbella?
If you want to continue to operate your Marbella property as a short-term rental, you will need to renew your tourist rental licence every two years. If you fail to renew it, this could interrupt your rental income as it will need to be removed from rental portals and you could also incur a fine.
