Recent legal change — under final review. This guide was updated to reflect Tribunal Supremo Sentencia 620/2026 (22 May 2026), which annulled Spain’s national short-term-rental registry. Because this is very recent case law, the regional registration details are pending final verification by María Luisa de Castro (ICA Cádiz nº 2745) for your specific Comunidad Autónoma. Confirm current requirements before acting — book a consultation or email marialuisa@costaluzlawyers.es.
Quick Answer
Andalusia requires a VUT (Vivienda con Fines Turisticos) licence under Decreto 28/2016 to legally operate a short-term rental. Applications are submitted through the Junta de Andalucia’s tourism registry via a Declaracion Responsable. Processing typically takes 1 to 3 months. (Note: following Supreme Court ruling 620/2026 of 22 May 2026, the national registry was annulled — VFT registration with the Junta de Andalucía is now the operative requirement.)
What Is a VUT in Andalusia?
A VUT (Vivienda con Fines Turisticos) is the legal classification for a short-term tourist rental property in Andalusia. The framework is governed by Decreto 28/2016, de 2 de febrero, which regulates tourist accommodation in dwellings in the Comunidad Autonoma de Andalucia.
Under this decree, a VUT is defined as a complete residential dwelling that is offered for tourist accommodation on a regular basis, for periods of up to two months, and is marketed through tourism channels (websites, platforms, or agencies).
The regulation distinguishes VUTs from other tourist accommodation types such as apartamentos turisticos (which have a separate regulatory framework) and establishes minimum quality and safety standards that all VUT properties must meet.
Eligibility Requirements
Not every property in Andalusia qualifies for a VUT licence. The key eligibility criteria under Decreto 28/2016 are:
- Complete dwelling: The property must be a complete, self-contained residential unit. Renting individual rooms within a shared dwelling does not qualify under the VUT framework (room-only rentals fall under separate regulations).
- First occupancy licence (licencia de primera ocupacion): The property must hold a valid first occupancy licence or equivalent habitability certificate, confirming it meets building and safety standards.
- Furnished and equipped: The dwelling must be sufficiently furnished for immediate occupation, including bedroom furniture, kitchen equipment, bathroom fittings, and basic appliances (air conditioning or heating, hot water, etc.).
- Community rules compliance: If the property is part of a comunidad de propietarios (homeowners’ association), the community statutes must not explicitly prohibit tourist rental activity. Some communities have amended their statutes to restrict or ban VUT use — this must be verified before applying.
- Safety standards: The property must have a first aid kit, provide tourist information about the local area, and display emergency contact information. A complaints book (hojas de reclamaciones) must be available.
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Book a Free ConsultationStep-by-Step Application Process
The VUT registration process in Andalusia follows a Declaracion Responsable (responsible declaration) model. This means you declare that the property meets all legal requirements, and the Junta de Andalucia registers it based on that declaration. However, inspections can occur after registration.
Step 1: Prepare Your Documentation
Before submitting your application, gather the following documents:
- Completed Declaracion Responsable form (available from the Junta de Andalucia website)
- Copy of the property deed (escritura) or rental contract with owner’s authorisation for tourist use
- First occupancy licence or habitability certificate (cedula de habitabilidad)
- NIE (for non-Spanish nationals) or CIF (for companies) of the owner/operator
- Proof of civil liability insurance covering tourist accommodation activity
- Energy performance certificate (certificado de eficiencia energetica)
- Community of owners certificate confirming no prohibition on tourist use (if applicable)
- Floor plan with room dimensions and maximum occupancy
Step 2: Submit the Declaracion Responsable
The declaration is submitted to the Registro de Turismo de Andalucia through the Junta de Andalucia’s electronic office (Ventanilla Electronica). Non-residents can submit through a legal representative (gestor or abogado). Once submitted, you receive a registration number that allows you to begin operating while the registration is processed.
Step 3: Receive Your VUT Registration Number
The Junta assigns a unique VUT registration number (e.g., VFT/MA/00000). This number must be displayed on all advertising, platform listings, and guest communications. Processing typically takes 1 to 3 months, although the Declaracion Responsable model means you can operate from the date of submission.
Update: Supreme Court Annuls the National Registry (Sentencia 620/2026)
On 22 May 2026, the Spanish Supreme Court (Sentencia 620/2026) annulled the national Unified Short-Term Rental Registry (Royal Decree 1312/2024) for exceeding State competence. There is no longer a national registration number to obtain: registration is handled exclusively at the regional level, through the Registro de Turismo de Andalucía (the VFT registration described above). The EU-mandated Single Digital Window (Ventanilla Única Digital) for platform data-sharing continues to operate, but it is not a separate registration you must apply for.
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Chat on WhatsAppPenalties for Operating Without a Licence
Operating a short-term rental in Andalusia without proper VUT registration carries significant penalties. Under Andalusian tourism legislation, infractions are classified by severity:
| Infraction Level | Fine Range | Examples |
|---|---|---|
| Minor (leve) | Up to approximately 2,000 EUR | Administrative irregularities, missing complaints book |
| Serious (grave) | Up to approximately 18,000 EUR | Operating without registration, false declarations |
| Very serious (muy grave) | Up to approximately 150,000 EUR | Repeat offences, obstruction of inspections |
Fines depend on the severity classification, the degree of negligence, and whether the owner has prior infractions. The Junta de Andalucia has intensified enforcement in recent years, particularly in high-tourism areas such as Malaga, Marbella, and Seville.
Platform Obligations
Short-term rental platforms operating in Spain, including Airbnb, Booking.com, Vrbo, and others, are now required to verify that listed properties hold valid registration numbers. Platforms must display the VUT number on all listings and, under evolving EU and Spanish regulations, may be required to share listing data with regional authorities.
Properties listed without a valid registration number risk removal from platforms and additional penalties for the owner.
Tax Obligations for VUT Owners
Operating a VUT in Andalusia generates several tax obligations:
- IRPF (Spanish tax residents): Rental income must be declared on your annual income tax return. Net rental income (after deductible expenses) is taxed at your marginal rate.
- IRNR (Non-residents): Non-resident owners pay a flat 19% tax (EU/EEA residents) or 24% (non-EU residents) on gross rental income through an annual IRNR declaration (filed annually on Modelo 210 — 1–20 January for 2024 and 2025 income, and 1–20 April of the following year from the 2026 tax year onwards under Orden HAC/623/2026).
- IBI (property tax): All property owners pay annual IBI. Some municipalities have introduced or are considering IBI surcharges for properties used as tourist rentals.
- Tourist tax: As of 2026, Andalusia does not impose a region-wide tourist tax, although this is under active political discussion and may be introduced in the future. Check current status at the time of your application.
- VAT (IVA): Tourist accommodation is generally exempt from IVA when provided without hotel-like services (reception, cleaning during stay, meals). If you offer additional services, IVA at 10% may apply.
Related reading: Complete Guide to Taxes on Rental Properties in Spain — covering IRPF, IRNR, IBI, and all fiscal obligations for property owners.
Frequently Asked Questions
Can I rent out a single room in my home as a VUT in Andalusia?
No. Under Decreto 28/2016, VUT registration requires the rental of a complete, self-contained dwelling. Renting individual rooms within a shared property is not permitted under the VUT framework and falls under separate regulations.
How long does it take to get a VUT licence in Andalusia?
The Declaracion Responsable system allows you to begin operating from the date of submission. Full registration processing typically takes 1 to 3 months. However, you must ensure your property meets all requirements, as the Junta can conduct post-registration inspections.
Do I need a NIE to register a VUT in Andalusia?
Yes. Non-Spanish nationals must have a valid NIE (Numero de Identificacion de Extranjero) to register a VUT. Companies must provide their CIF (Codigo de Identificacion Fiscal). The NIE is required for all tax and administrative procedures in Spain.
What insurance do I need for a VUT in Andalusia?
You need civil liability insurance (seguro de responsabilidad civil) that specifically covers tourist accommodation activity. Standard home insurance is not sufficient. The policy must cover potential damages to guests and third parties arising from the tourist rental use of the property.
Can my community of owners block my VUT registration?
Yes. If your community of owners (comunidad de propietarios) has amended its statutes to prohibit or restrict tourist rental activity, you cannot legally register or operate a VUT in that building. Spanish law (Ley de Propiedad Horizontal, as amended) allows communities to adopt restrictions with a three-fifths majority vote. Always check the community statutes before purchasing or investing.
Return to our main guide: Short-Term Rental Registration in Spain — overview of the regional registration systems following Supreme Court ruling 620/2026.
Need Help With Your Rental Licence Application?
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Maria Luisa de Castro
Managing Partner at CostaLuz Lawyers. Specialist in immigration, property conveyancing, and international tax planning for expats in Spain.
Regional STR registration guides
This article provides general guidance only and does not constitute legal advice. For personalised advice tailored to your specific situation, please book a consultation with our team.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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