Context: Tourist Rentals as a Factor in Real Estate Transactions
In recent years, tourist rental properties in Andalusia have become a key factor in many real estate transactions. In most cases, the property is acquired not only as a second residence, but also with the expectation that it can be used for short-term rentals. This expectation makes the legal and administrative status of the rental activity a central consideration when assessing a property, and explains why, in certain areas, the existence or absence of a tourist rental registration can have a direct impact on the value of the property.
The Community of Owners and Article 17.12
If we start with the community of owners, the relevant provision is article 17.12 of the Horizontal Property Act, introduced by Royal Decree-Law 7/2019. This provision allows the community to limit, condition or prohibit tourist rental activity, provided that the resolution is adopted by a majority of three fifths of the total number of owners, representing three fifths of the participation quotas.
Obtaining that majority is not always straightforward. In many communities, especially in larger buildings, it is difficult to reach three fifths of the total owners attending a meeting, and even more difficult to obtain a favourable vote.
Administrative Registration: Decree 28/2016 and the Shift Since April 2025
From the administrative point of view, the activity is regulated by Decree 28/2016 on Tourist Rental Properties, approved by the Andalusian Regional Government. Pursuant to article 9, the activity is subject to a responsible declaration, which in principle allows it to be carried out from the moment it is filed.
In practice, however, the current approach of the administration is more restrictive where the property has never been registered as a tourist rental. Since around April 2025, administrative practice has shifted towards requiring express confirmation from the community of owners in order to process new registrations. Where a property is being registered for the first time, the administration requires documentation from the community of owners confirming that the use is allowed, including reference to the relevant meeting and the majority obtained. In other words, it is no longer sufficient to simply state that there is no prohibition; evidence that the community has expressly allowed the activity in line with article 17.12 is now required.
As a result, properties which have never been registered for tourist use may find it more difficult to initiate the activity, not necessarily because of a formal prohibition, but due to the practical difficulty of obtaining the required community support.
Continuity of an Already-Registered Property Upon Sale
A different situation arises where the property has already been registered and operated as a tourist rental. In those cases, the property will already be included in the Andalusian Tourism Registry and may also be reflected in the Land Registry.
Strictly speaking, there is no transfer of a licence as such. The activity is linked to a responsible declaration and compliance with the applicable requirements. However, where the property is already registered, operating and compliant, the new owner will normally be able to continue the activity by submitting a new responsible declaration in their own name.
Practical Takeaways
In practice, particularly where the property is properly registered both in the Tourism Registry and reflected in the Land Registry, this continuity is usually relatively straightforward.
- Never registered: the position of the community of owners becomes decisive, as the administration may require evidence that the activity has been expressly permitted by the relevant majority.
- Already registered and operating: the focus shifts more towards continuity, provided that the legal requirements continue to be met.
This is often one of the key factors to consider when assessing the real potential of a property in areas where tourist rentals are relevant.
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