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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.
Thinking of buying a property with a tourist licence in Andalusia? Since 3 April 2025, new rules and interpretations from the Andalusian authorities are affecting how ownership changes are handled. Here are the key questions and answers:
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1. If I buy a property with an existing tourist licence in Andalusia, does the licence automatically pass to me?
No. Since April 2025, the new owner must file a change of ownership with the Andalusian Tourism Registry.
2. What does the Administration currently require for this change?
The Junta de Andalucía now requests:
- An express approval from the community of owners, approved by 3/5 of owners and quotas.
- Proof of ownership (title deed, nota simple) or a valid management contract.
3. What if I only change the operator (e.g. give management to a company)?
In this case, the Junta considers that no community approval is required.
4. What does the law itself say?
The Decree 28/2016 and Article 9.1.g only require community approval at the start of tourist activity, not for a simple change of ownership.
5. What is our legal view?
We believe the current requirement of community approval for ownership changes has no clear legal basis and could be challenged. A change of ownership should simply be recorded in the Registry without new conditions.
6. What are the risks under the current interpretation?
- Leaving the continuity of tourist activity in the hands of communities, which are often against rentals.
- Legal uncertainty for buyers.
- Possible violation of the principles of non-retroactivity and freedom of establishment.
7. What should you do before buying a tourist rental in Andalusia?
- Check the community statutes and minutes.
- Include clauses in the purchase contract about the licence validity.
- Get specialised legal advice to protect your investment.
At CostaLuz Lawyers we guide you through every step — from reviewing the licence status to defending your rights against administrative practices that we consider legally questionable.
Your dream property should also be a safe investment. Talk to us before you buy, and we’ll make sure your tourist rental licence is secure.
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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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Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.