Buying a Property for Tourist Rentals in Andalusia? 5 Community Documents Your Independent Lawyer Must Add to the Due Diligence Checklist

Over the last few years, Spain has seen a proliferation of rules at national, regional and local level affecting tourist rentals and mid-term / seasonal rentals. Between the new national registration rules and the reform of the Horizontal Property Law, there is now a new and crucial page to add to your independent lawyer’s due diligence checklist for foreign buyers in Andalusia: a page focused on the “rentability” of the property (what you can legally do with it in terms of rentals), so that you buy with your eyes fully open and with all possible legal guarantees.

For a broader overview of the new framework, you can also read our guides on the 2025 Horizontal Property Law reform and on tourist housing regulation in Andalusia.

This Q&A looks at that new page in the community of owners due diligence: what your lawyer must find out from the community of owners before you commit.

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Q1. I’m a foreign buyer. Why should I care about the community of owners?

If you’re a foreign buyer dreaming of a holiday rental in Andalusia, you probably focus on:

• the views,
• the price,
• the tourist licence…

But since 3 April 2025, there is a new “silent player” in every building under horizontal property:

the community of owners (comunidad de propietarios).

Even if the town hall and the tourism authority allow tourist rentals in your area, your community may:

• authorise them,
• limit them, or
• prohibit them altogether in that building.

So if you are buying specifically to rent to tourists, your independent lawyer’s due diligence before buying a tourist rental property must treat the community as a key part of the legal analysis. For a wider look at the new landscape for investors, see also: Buying Property for Tourist Rental in Andalusia in 2025: Understanding the Complexity of Tourist Licenses.

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Q2. What changed on 3 April 2025?

We explain the legal details in our general guides on:

• the new Horizontal Property Law reform of 3 April 2025, and
• tourist licences in Andalusia after April 2025.

But in practical terms, for a buyer, the message is simple:

• Since 3 April 2025, in a building under horizontal property,
• a flat cannot legally start tourist rentals without express approval from the community of owners, adopted with a 3/5 majority.

The community can now approve, limit or prohibit tourist rentals in the building.

That’s why, for buyers, one of the first questions in any due diligence checklist for foreign buyers in Andalusia should always be:

“What has this community actually decided about tourist rentals?”

For more on how far a community can go (and its limits), see: Can Your Community Really Ban Your Vacation Rental in 2025? Not Always, And Here’s Why.

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Q3. If the property already has a tourist licence, am I safe?

You are in a much better position, yes.

In Andalusia, the current rule is that a valid, registered tourist licence (VUT/VFT):

• is generally treated as attached to the property, and
• remains in force when the property is sold,

provided that it continues to meet the legal requirements and is duly updated in the tourism register. We analyse this in detail in Things to Consider if You Buy a Tourist Rental Property in Andalusia After April 2025.

In that scenario, your lawyer should still:

• Confirm that the licence exists and is active (no sanctions, no pending cancellation).
• Check the Andalusian Tourism Register for the property’s registration details.
• Review recent community minutes to see whether:
  • the community has imposed extra community charges on tourist units, or
  • there is any attempt to challenge or restrict existing licences.

In short:

With a valid licence in Andalusia, you are buying a very valuable asset – but your lawyer must still verify that it is real, active and not under attack.

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Q4. What is the real problem if the property has no tourist licence?

This is where foreign buyers can get a very unpleasant surprise.

If the property does not have a tourist licence, you cannot assume that you will be able to obtain one after completion, even if:

• the property is technically ideal, and
• the area itself allows tourist rentals in theory.

From 3 April 2025, in a building under horizontal property:

• you need an express agreement of the community of owners,
• adopted by 3/5 of owners and quotas,

to authorise tourist use. Without that agreement, the community can demand that the activity stop.

In practice, this means:

If there is no licence today, your business plan depends heavily on what the community has decided and is likely to decide about tourist rentals.

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Q5. Which 5 community documents should my lawyer request in the due diligence?

Whether you are buying with or without a licence, your lawyer should obtain at least the following five items from the community administrator or president as part of the community of owners due diligence:

1. Community bylaws (estatutos)
   To see if tourist rentals are:
   • expressly allowed,
   • restricted or conditioned, or
   • clearly prohibited.
2. Latest community meeting minutes
   Especially meetings held after 3 April 2025, to check:
   • whether tourist rentals were discussed, and
   • what was actually agreed (approval, limitation, prohibition, extra fees, etc.).
3. Any specific resolutions on tourist rentals
   For example:
   • a resolution approving tourist rentals under conditions, or
   • a resolution restricting or banning them with the 3/5 majority now required by law.
4. Administrator’s written statement
   A short written note confirming:
   • whether the issue of tourist rentals has been discussed, and
   • the content of any decisions taken.
5. Information on additional community charges or rules for tourist units
   Some communities:
   • apply higher community fees to flats used for tourist rentals, or
   • introduce special rules (check-in hours, use of common areas, etc.) that directly affect your business model.

These five pieces of information allow your independent lawyer’s due diligence before buying a tourist rental property to assess your present and future room for manoeuvre.

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Q6. How does the lawyer turn these documents into real-world advice?

Once the lawyer has those five elements, they should translate them into clear answers in plain English:

Today

• With a licence:
  “You can continue the activity under these conditions; here is what you must do to update the licence to your name.”
• Without a licence:
  “Given the community’s decisions and the new law, your chances of obtaining a licence are high / medium / low.”

Tomorrow

The lawyer should also explain:

• how easily the community can change its position (for example, a new 3/5 vote), and
• what that would mean for your investment and long-term plans.

The goal is that you do not buy blind: you know what you can do now, and what might happen if the rules tighten later.

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Q7. Is this the same everywhere in Spain?

No. The Andalusian approach is not the same as in all Autonomous Communities.

Briefly:

• In Andalusia, a valid tourist licence is normally transferred with the property, with a change-of-holder procedure. That makes existing licences very valuable when you buy.
• In regions like the Canary Islands and the Balearic Islands, recent and upcoming laws on tourist housing are much more restrictive:
  • The right to operate a holiday rental is often tightly controlled, and
  • in many cases cannot simply be assumed to pass from seller to buyer.

So if you are buying outside Andalusia, your starting point should be even more cautious:

nothing about future tourist use is guaranteed until the regional rules and local authorities confirm it for you, as the new owner.

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Q8. What if tourist rentals are not possible – is there any alternative?

Yes. For some buyers, especially in conflict-prone buildings, it is worth exploring mid-term or seasonal rentals (alquiler de temporada):

• Stays of several months,
• Less turnover of guests,
• Often less tension with neighbours and communities.

It is not always a perfect substitute, but it can offer a more stable, lower-risk way to obtain income, particularly where full tourist use is blocked or politically sensitive.

For a wider overview of rental options and compliance (long-term, seasonal and tourist), see our Complete Guide to Rental Property in Spain.

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Q9. How can CostaLuz Lawyers help?

If you are a foreign buyer looking at a property in Andalusia and you want to understand the realistic potential for tourist or seasonal rentals, we can:

• Provide a template request in Spanish (and English) to send to the community administrator or president, asking for the key documents and confirmations.
• Review:
  • the status of any existing licence, and
  • the community’s bylaws and resolutions.
• Give you a short, written opinion on:
  • what you can lawfully do today, and
  • where your main risks and limitations lie for the future.

And if you are already renting or planning to rent, we can also help you avoid penalties under the new national registration regime: Spain holiday rental fines 2025 – Avoid penalties under the new law.

That way, you’re not just buying a pretty apartment – you’re buying with your eyes open to the legal reality of tourist rentals in that particular building, in post-2025 Andalusia, with a strong, independent due diligence checklist behind your decision.

Thinking of buying a property in Andalusia for tourist or seasonal rentals?

Before you sign anything, let an independent, English-speaking lawyer review the community documents, licences and rental framework for you.

Send us a brief description of the property (or the listing link) and your plans at web@costaluzlawyers.es, or use our contact form, and we’ll come back to you with a clear proposal for a tailored due diligence review – so you can decide with full information and real legal protection.

About CostaLuz Lawyers and María de Castro

You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.

Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain  with guidance and advice on the legal aspects of life in Spain. Included in the lawyers lists of the UK and Ireland embassies. Updated 22 Nov 2025.

María Luisa de Castro’s work, founder of CostaLuz Lawyers, is backed by a strong presence in specialist media and professional directories. Her track record as a Property Law and Consumer Real Estate Law (Derecho de Consumo Inmobiliario) specialist can be seen in her guides for international audiences on Expatra, in her long-running blogs on Spanish off-plan protection and Ley 57/1968 on EyeOnSpain , in her legal analysis for Confilegal and Legal Today, and in her contributions for the Spanish Bar Council (Consejo General de la Abogacía Española) and the Centre for Consumer Studies at the University of Castilla-La Mancha.

Her work is also profiled on international retirement and expat platforms such as Retirement Abroad, and has been highlighted by expat media including The Olive Press News Spain and The Local Spain among other specialist expat and legal forums.

Her legal work has also been featured or referenced in respected international and Spanish media, including The Telegraph, The Times, the BBC, El País and El País English, The Local Spain, The Olive Press and other reputable outlets, particularly in connection with landmark court rulings on Ley 57/1968 and Spanish consumer protection.

CostaLuz Lawyers is also included in the official lists of English-speaking legal professionals for British and Irish nationals in Spain, as compiled by the UK government’s “Spain: list of lawyers” and by the Embassy of Ireland in Spain and its honorary consular network.

Beyond the rental-licence checks specific to this type of property, buyers should also work through the general pre-contract due diligence checklist that applies to any purchase.