I've been selling property on the Costa del Sol for many years, and I can honestly say the topic of tourist licences has never generated more questions — or more confusion — than it does right now. Hardly a week goes by without a client asking me whether licences are still being issued, whether their existing licence is safe, or whether the rules have changed again. The answer to all three is: it depends, and the detail really matters.
So let me cut through the noise and tell you exactly where things stand today, with a focus on the areas I work in most — Estepona, Marbella, Mijas and Fuengirola.
The good news first: licences are still being issued, and town halls are still processing applications. For many owners, the path to legal short-term letting is clearer than the headlines suggest.
Breaking News: Spain's Supreme Court Has Scrapped the National NRUA Register
This is very fresh news. On 21 May 2026, Spain's Supreme Court (ruling 620/2026) struck down the national tourist rental registry — the NRUA (Número de Registro Único de Arrendamiento) — in its entirety. The court ruled that the central government had overstepped its constitutional authority. Spain's autonomous communities already operate their own regional registries, and tourism regulation is constitutionally a regional competence. The NRUA was a layer too many, and the court agreed.
What does this mean for you?
- The national NRUA number is no longer a legal requirement. If your property was blocked from listing due to difficulties with the national registry, you may now be able to relist — provided you hold valid regional and municipal authorisation.
- Regional licensing remains fully in force. The Andalusian VUT registration through the Junta de Andalucía is still the cornerstone of compliance, and nothing in this ruling changes that.
- Platform data-sharing obligations survive. Airbnb, Booking.com and other platforms must still share data with authorities under EU obligations.
- Annual NRUA reporting obligations are now in a legal grey area. With the registry annulled, the status of returns filed through the national system is unclear. If you're unsure of your position, please speak to a lawyer.
The Framework That Remains: Two Tiers, Not Three
With the national tier gone, we're now working within a two-layer system in Andalusia.
Layer 1 — Regional: the VUT Registration (Junta de Andalucía). You register your property as a Vivienda de Uso Turístico (VUT) with the Andalusian Tourism Registry by submitting a Declaración Responsable. Since March 2025, you need municipal permission before you can submit this — so the order matters.
Quick note on terminology: VUT is the official term under Decreto 31/2024. You'll still see the older acronym VFT used in conversation and on older registration numbers — both refer to the same thing and older registrations remain perfectly valid.
Layer 2 — Municipal: Town Hall Authorisation. Your local ayuntamiento is now the essential first gateway. Each town hall sets its own rules — and this is precisely why two properties just a few kilometres apart can have very different prospects for obtaining a licence.
The Community of Owners Rule: This One Catches People Out
This is the change I find myself explaining most often to clients, and it's crucial to understand — whether you're applying for a new licence or buying a property that already has one.
Since 3 April 2025, any property within a community of owners (comunidad de propietarios) requires a 60% majority vote — by both number of owners and participation quota — formally recorded in meeting minutes, before a new licence application can be processed. Without it, the Junta will reject the application outright.
This rule is not retroactive. If your property was already registered before 3 April 2025, your licence remains valid. And since August 2025, licences are confirmed to transfer with the property on sale — which is genuinely good news for buyers and investors.
Properties affected include apartments in any block, townhouses within gated urbanisations, semi-detached homes with shared areas, and ground-floor units within multi-dwelling buildings even with a private entrance.
If you hold a valid licence and the community subsequently votes no
I get asked this a lot, and the straightforward answer is: a subsequent community vote cannot invalidate an existing, legally registered licence. The law is not retroactive and your right to continue operating is protected.
But — and this is important — there is a critical difference between a community vote and what is written in the community's statutes. Historic statutory restrictions, properly registered, remain binding on all owners regardless of when they obtained their licence.
This is where statutes restricting commercial use become a real problem. Some community statutes — written many years ago — contain clauses prohibiting properties from being used for commercial gain, as guest houses, or for any non-residential purpose. The courts have ruled that these older terms are legally equivalent to a modern tourist rental ban, even when the word "tourist" never appears. Challenging such a clause means legal action and typically requires unanimous or near-unanimous community agreement — far harder than the standard 60% approval vote.
If you are considering buying a property with an existing VUT licence, please do not assume that the licence is watertight without proper due diligence. Before signing, make sure you:
- Read the full community statutes (estatutos de la comunidad) — not just a summary
- Check the Land Registry for any registered restrictions on the property's use
- Review recent AGM minutes for any votes or discussions on tourist rentals
- Have a qualified Spanish property lawyer confirm there are no statutory conflicts — including old-fashioned language about "commercial use" or "residential-only" occupation
- Ask the seller for written confirmation of the licence's registration date and current status
A seller telling you a property has a "transferable tourist licence" is simply not enough on its own.
What about standalone villas?
A fully detached villa with no shared infrastructure or community management is exempt from the 60% vote requirement. You still need town hall authorisation and VUT registration, but you skip the community approval step entirely. In my experience, standalone villas generally offer the most straightforward route to licensing — subject to local planning rules. One thing to check: some villas sit within private urbanisations with their own community structure. Always verify whether a community of owners exists before assuming you're exempt.
The Costa del Sol Town by Town
Marbella has no blanket moratorium and continues to process applications. With over 15,000 registered tourist properties — around 10% of all such properties in Andalusia — it is one of the densest markets on the coast. The 60% community vote applies for new applications in shared buildings, and the town hall is monitoring density levels. Standalone villas remain among the most straightforward to license here.
Estepona is one of the more accessible municipalities I work in for new applications. No moratorium has been announced, and the ayuntamiento is processing applications under the existing framework. A good option for standalone villa owners and investors.
Mijas — spanning La Cala de Mijas, the coastal strip, Mijas Golf, Calahonda, Riviera del Sol, and Mijas Pueblo — continues to issue licences. Planning compatibility varies across the municipality, so always confirm zoning at your specific address. It remains one of the more active letting markets on the western Costa del Sol.
Fuengirola is the most restrictive, and clients are sometimes surprised by this. Since 22 February 2024, the town hall has prohibited new tourist rental registrations for any property without an independent, direct street entrance. This followed a study showing 9% of all Fuengirola homes were operating as tourist rentals — a figure that was placing real strain on the local housing market. In practice, the vast majority of apartments in multi-storey blocks are now ineligible for a new licence. Only detached houses or ground-floor units with genuine independent street access can be newly registered. Properties licensed before that date retain their status, and Fuengirola has also moved tourist rental properties to the commercial rate for waste collection.
What Your Property Needs to Meet
All VUT-registered properties must meet these Andalusian baseline requirements:
- Air conditioning and heating throughout
- At least 14 square metres of usable space per guest
- Hot water, electricity, and drainage in working order
- Fully furnished and equipped for immediate tourist occupation
- Civil liability insurance
- 24-hour contact number available to guests
- A complaints book (hojas de reclamaciones) on the premises
- A valid energy performance certificate
- Emergency contacts and house rules are visibly displayed
- Your VUT registration number on all advertising and listings
The Application Process: Step by Step
Step 1 — Check with your town hall that tourist use is compatible with local planning rules for your specific address. For community properties, confirm the statutes don't already prohibit tourist rentals.
Step 2 — For community properties, convene a homeowners' meeting and secure the 60% approval vote, formally minuted.
Step 3 — Confirm the property meets all Andalusian standards. An architect's certificate is advisable where there is no First Occupation Licence.
Step 4 — Submit the Declaración Responsable to the Registro de Turismo de Andalucía with your municipal authorisation and supporting documents.
Step 5 — Register on the SES platform for guest check-in reporting — a legal requirement for all tourist accommodation in Spain.
Step 6 — Display your VUT registration number on all platforms and advertising before going live.
Given the very recent Supreme Court ruling, how platforms update their verification requirements is still evolving. Please seek up-to-date legal advice before relisting or making a new application.
A Word on Fines
Operating without a licence, or advertising without displaying your registration number, carries penalties of up to €60,000. The regulatory environment has tightened considerably and authorities across the Costa del Sol are actively pursuing non-compliance. It simply isn't worth the risk.
My Bottom Line
Tourist licences are still being issued across the Costa del Sol, and I want people to know that. The Supreme Court's NRUA ruling has removed one layer of bureaucracy — but it hasn't changed the fundamental requirement to hold a valid VUT registration and comply with your local town hall's rules.
What I always tell clients is this: the key variables are where your property is and what type of property it is. Standalone villas have the clearest path. Community properties face the 60% vote hurdle. Fuengirola is the most restrictive for new apartment applications. Marbella, Mijas and Estepona remain open markets.
And if you're buying with rental income in mind — please, please take proper legal advice before you sign. The rules are still evolving, the detail matters, and I've seen first-hand what happens when due diligence is skipped.
If you have questions about a specific property or want to understand how this affects something you're considering, feel free to get in touch.
This blog reflects the regulatory position as understood at the time of writing, May 2026, including Supreme Court ruling 620/2026 of 21 May 2026. It is for general information only and does not constitute legal advice. Always consult a qualified Spanish property lawyer for guidance specific to your circumstances.
