Renting a home to tourists in Andalusia is not simply a matter of posting an advert. The activity is subject to specific regional rules, recently amended. Knowing the procedure avoids penalties and blocks on the booking platform.
The applicable rule
The regulation of homes for tourist purposes in Andalusia is Decree 28/2016 of 2 February, amended by Decree 31/2024 of 29 January, published in BOJA number 24 of 2 February 2024. The reform introduced relevant changes in how the activity starts and in its scope.
Always check the current consolidated version, because this area has been amended several times, at state and regional level.
Electronic responsible declaration
The activity starts through a responsible declaration filed electronically. In it, the owner states that the requirements are met and that the supporting documents are available. It allows the activity to begin without waiting for prior authorisation, but the authorities may check what was declared afterwards.
The 2024 reform adds a statement that there is no express prohibition of the activity in the property title or in the statutes of the homeowners association. It is a statement with consequences, because a false one can lead to penalties.
What to review before declaring
- That the property meets the requirements of the tourist homes rules.
- That the association statutes do not expressly forbid tourist accommodation.
- That the property title contains no limitations.
- That the use is compatible with the municipal planning rules.
- That you hold the documents proving each point.
Consequences of declaring without checking
An inaccurate declaration may lead to penalties, closure of the activity and removal of your listings from platforms. If the homeowners association reacts, the owner may also face an action to stop the activity. The cost of a prior check is far lower than that of a later review.
Advice for investors
If you plan to buy a home to let to tourists, do the legal analysis before signing the deposit contract. Ask for the statutes, check the municipal planning rules and review any association resolutions on this activity. An investment of this kind depends as much on location as on the legal framework around it.
This article is general information on Spanish law and not personalised advice. Contact us to discuss your case.
Carlos Babot Horcajadas
Lawyer admitted in Málaga, no. 10.971. Partner at Babot Aranguren Abogados. More about the author.