The Tourist Rental Law in Andalusia

Saving Money in a Homeowners’ Association What Can I Do If the Property Manager Is Not Fulfilling Their Duties? How to Change Your Property Manager in Marbella Enclosing a Terrace in Semi-Detached Homes Can Be Expensive Heating Costs: How Smart Scheduling Can Save Energy and Money 5 Major Legal Changes Every Homeowners’ Association Must Know in 2025 What Happens If I Have a Building Technical Inspection (ITE)? Real State Agent in San Pedro de Alcántara Who Pays Community Debts When Buying a Flat or Commercial Premises? Is It Legal to Ban on Holiday Rentals in Owners’ Communities? 7 Curiosities You Didn’t Know About Community Management Legal updates for homeowners’ associations from April 2025 What is the Horizontal Property Law and How Does It Affect Your Community? What Are the Hidden Costs of Listing a Flat on Airbnb? How to rent out my apartment in Marbella The Tourist Rental Law in Andalusia Reasons to Live in San Pedro de Alcántara What Are the 5 Best Areas to Live in Marbella? Legal Increase in the Homeowners’ Association Fee in Spain What Is the Purpose of the Community of Owners’ Bylaws? What happens if a neighbor does not approve the community accounts? What is the Property Management service? Do you know all the functions of a Property Manager?

The Tourist Rental Law in Andalusia

The Tourist Rental Law in Andalusia is a regulation that governs the activity of holiday homes in this autonomous community. It is a completely necessary piece of legislation to ensure a balance between the rights of property owners, tenants, and the other residents of a building.

At the same time, it focuses on promoting sustainable and high-quality tourism. To help you understand all the particularities of this law, in this article we will outline its most important and relevant aspects, as well as the requirements that owners must meet when renting out their property and other key factors to consider.

What is the current Tourist Rental Law in Andalusia?

The applicable legislation on tourism in Andalusia is set out in Decree 28/2016, of 2 February, on dwellings for tourist purposes. Full competence lies with the Regional Government of Andalusia (Junta de Andalucía), as established in Article 71 of its Statute of Autonomy.

Specifically, it regulates matters that include the organisation of the tourism sector, as well as the regulation and classification of different types of tourist accommodation. What characterises any such establishment is its management and administration, ownership, and responsibility under a single individual.

As in other areas, the current regulations act as a guarantee to safeguard the rights and obligations of these businesses. In addition to ensuring the quality and safety of properties offered for tourist rental, it also seeks to protect the rights of tourists and neighbours, to promote responsible and sustainable tourism, and to ensure that this activity contributes positively to the local economy.

decreto ley alquiler turistico

What requirements are established by the Tourist Rental Decree?

The Tourist Rental Law in Andalusia is clear: it is an essential tool for regulating an activity that has experienced significant growth in recent years.

With the aim of improving the quality of services provided and protecting the rights of all parties involved, the main requirements of this law are as follows:

Registration in the Andalusian Tourism Register
One of the fundamental requirements to rent out a holiday property in Andalusia is registration in the Andalusian Tourism Register. This registration is compulsory and ensures that the dwelling complies with the quality and safety standards set out in the regulations.

For a property to be rented out for tourist purposes, it must meet a series of minimum conditions, which can be summarised as follows:

  • A minimum built area of 14 m² per guest place offered, according to the cadastral information of each municipality. In general, no dwelling may be smaller than 25 m².
  • Two bathrooms if more than 5 places are offered, and three if the number exceeds 8.
  • The property must be equipped with all the necessary furnishings and utensils for use.
  • Heating and cooling systems, centralised or otherwise, in bedrooms and living rooms, to operate during specified periods.
  • Bedrooms and living rooms must have direct ventilation to the outside, as well as shutters or other devices to block out light when required.
  • Kitchens and bathrooms must have forced or direct ventilation systems to ensure constant air renewal.
  • Any advertisement for the property must always display its registration number, regardless of the platform or website on which it is published.

Rights and obligations of property owners

Owners of holiday rentals in Andalusia have the right to set conditions of use, provided that these do not contravene current legislation. This includes establishing rental rates, cancellation policies, and house rules.

Their obligations, however, can be summarised as follows:

  • Registration and updating of data: Keep the property’s registration up to date in the Andalusian Tourism Register, and provide the identification details of the owner.
  • Contracts and invoicing: Formalise a rental contract and issue the corresponding invoices, identifying the guests, the number of people staying, and their check-in and check-out dates.
  • Maintenance: Ensure the good condition of the property and its facilities.
  • Information: Provide guests with information about house rules, tourist information, and emergency contacts.andalucia ley alquiler turistico

What sanctions exist for non-compliance with the Tourist Rental Law?

Failure to comply with the Tourist Rental Law in Andalusia may lead to sanctions of varying severity, depending on the nature of the infringement. Offences may be classified as minor, serious, or very serious.

  • Minor infringements: Administrative issues such as not providing sufficient information to guests.
  • Serious infringements: Failure to register in the Andalusian Tourism Register or misleading advertising.
  • Very serious infringements: Serious violations of the law, such as repeated serious infringements.

Sanctions may range from financial penalties to the temporary or permanent suspension of tourist rental activities. Fines can vary between €2,000 and €150,000, depending on the severity of the infringement.

Why hire a company to manage the tourist rental of your property?

At Martin Properties & Services, we take care of managing the rental of your property for you. This allows you complete peace of mind, as we are fully familiar with the current legislation and any changes or amendments that may arise.

It is very important to comply with the requirements, as fines can be quite substantial depending on the seriousness of the offence. Check the Andalusian Tourism Portal or contact us if you need more information about tourist rentals in this region and how to manage them in the most efficient way possible.

button-whatsapp