Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
1. What is considered a “tourist housing” in Andalusia?
A vivienda de uso turístico is any dwelling equipped for immediate use, offered for short-term stays in exchange for payment, and promoted through tourist channels (such as booking platforms or travel agencies). It can be rented year-round or during specific declared periods.
2. Do I need a municipal license before registering my property?
Yes. Since March 4, 2025, before submitting the declaración responsable to the Andalusian Tourism Registry, you must first obtain:
- a municipal license, or
- a responsible declaration for change of use from your local Town Hall, authorizing the tourist use of your property.
3. Do I need the approval of the community of owners?
Yes. From April 3, 2025, if your property is located in a building under horizontal property regime (community of owners), you must obtain the express approval of the owners’ association with a 3/5 majority vote (owners and participation shares).
This requirement stems from the reform of the Ley de Propiedad Horizontal, applied in Andalusia through the tourism regulation.
📖 Ley 13/2011, de 23 de diciembre, del Turismo de Andalucía
4. Can I register a rural property as tourist housing?
Yes. The previous requirement that tourist housing must be located in residential land has been removed. Properties on rural land (suelo rústico) can now also qualify, as long as they meet urban planning and habitability standards.
📖 Decreto 28/2016, de 2 de febrero, de viviendas con fines turísticos (BOJA nº 28, 11/02/2016)
📖 Decreto 31/2024, de 29 de enero, que modifica normas en materia de viviendas de uso turístico (BOJA nº 24, 2/02/2024)
5. What are the capacity limits?
- Whole property rental: up to 15 guests, with a maximum of 4 per bedroom.
- By rooms: up to 6 guests total, with the owner residing and registered (empadronado) in the property.
6. What equipment and services are mandatory?
Tourist housing must comply with minimum habitability and comfort standards, including:
- At least 14 m² built per guest (minimum 25 m² total).
- Proper ventilation in bedrooms and living areas.
- Equipped kitchen with utensils and appliances.
- Bathroom with essential sanitary elements, towels, toiletries.
- Beds with minimum mattress thickness of 18 cm.
- Smoke detector and fire extinguisher (new registrations).
- Tourist information available to guests.
- 24/7 contact number.
- Cleaning before each check-in and check-out.
- Display of complaint forms (Hojas de Reclamaciones).
7. Do I need to sign a contract with guests?
Yes. A written tourist rental contract must be provided, stating at least:
- The operator’s details.
- Registration code in the Andalusian Tourism Registry (RTA).
- Number of guests.
- Check-in and check-out dates.
- Total price.
- 24/7 contact number.
It is strongly recommended to include specific clauses on reservations, cancellations, deposits, damages, guest obligations, and use of common areas.
8. What happens if I rent my home without registration?
Unregistered activity is considered clandestine and subject to fines from €2,001 to €18,000.
9. What system must I use for guest registration?
Since December 2, 2024, hosts are required to use the SES.Hospedajes platform to submit guest details in compliance with Real Decreto 933/2021.
10. Can I use my tourist housing for another purpose (residential, personal use)?
Yes. The regulation does not prohibit using the property for residential purposes outside the declared tourist rental periods.
Call to Action – Tourist Rental Contracts in Andalusia
Protect your holiday rental, protect yourself.
Running a vivienda de uso turístico in Andalusia requires a legally solid contract adapted to the latest regulations. Don’t risk fines or conflicts with guests.
At CostaLuz Lawyers, we draft tailor-made Tourist Rental Contracts and Seasonal Lease Agreements that cover all legal and tax aspects.
By requesting your contract, you’ll also gain exclusive access to our Safe Rentals Club — a community of property owners who enjoy:
- Ongoing legal updates on Andalusian tourist rental regulations.
- Priority legal advice for conflicts with guests, neighbors, or authorities.
- Templates and checklists for safe and compliant rentals.
- Peace of mind knowing your rental is fully protected.
Take the first step today:
[Request your Tourist Rental or Seasonal Contract here]
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Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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