What's Happening with Vacation Rentals in Spain - Andalusia - Marbella?

New Regulation on Tourist Properties in Marbella (2025)

Vacation rentals in Marbella and the Costa del Sol are undergoing significant legal changes. From the second half of 2025, a new national and regional regulatory framework comes into force, directly affecting property owners offering short-term rentals (VFTs), either directly or via platforms like Airbnb or Booking.

While the national regulation introduces a mandatory unified rental registry, Andalusia maintains its own set of requirements, applicable specifically to areas like Marbella. This article offers a clear legal explanation of the steps, permissions, and conditions required to legally operate a tourist property in Andalusia as of 2025.

1. National Registry: Rental Registration Number (NRA) Mandatory from July 2025

From July 1, 2025, all tourist accommodations in Spain must obtain a Rental Registration Number (NRA).

✩ What is the NRA?It is a mandatory national identifier issued through the National Registry for Short-Term Rentals. This number is required for advertising your property on platforms.

Key points from Royal Decree 1312/2024:

• Owners must request the NRA via the Digital One-Stop Platform, managed by Spain's Property Registrars.

• Platforms (Airbnb, Booking, etc.) must verify the NRA before allowing listings.

• Listings without a valid NRA will be removed within 48 hours.

• Fines for non-compliance can reach €500,000.

⚡ Important: The NRA does not replace the regional registration in Andalusia. You must still register with the Andalusian Tourism Registry (RTA).

2. Regional Registry: Mandatory Registration with Andalusia's Tourism Registry (RTA)

✩ What is the RTA?The Andalusian Tourism Registry is the official regional body where all Tourist Use Properties (VFTs) must be registered, under Decree 28/2016, updated by Decree 31/2024.

Main requirements in Andalusia:

• Allowed types:

  • Entire home: up to 15 guests.

  • Individual rooms: max 6 guests (must be the owner’s primary residence).

• Minimum space: 14 m² per guest, and at least 25 m² total.

• Bathrooms: 2 bathrooms if over 5 guests, 3 if over 8.

• Mandatory equipment:

  • Suitable furniture and kitchenware.

  • Air conditioning (May to September) and heating (October to April).

  • First-aid kit, TV, visible complaint forms, and posted RTA number.

• Hygiene: professional cleaning required between stays.

• Tourist info: basic local info and emergency contacts must be provided.

✩ What is a VFT?A Tourist Use Property is any Andalusian home rented regularly by the day or week, for a fee. These must be registered with the RTA and meet technical, urban, and administrative criteria.

❌ Properties cannot operate as VFTs if:

• They do not meet the technical standards.

• The community of owners prohibits tourist use.

  
  

3. Permission from the Community of Owners

✩ What is the community's role?Since April 2025, under the revised Spanish Horizontal Property Law, communities of owners may approve or prohibit tourist rentals.

• A formal vote with a 3/5 majority (owners and shares) is required.

• The decision must be documented in meeting minutes and can be recorded in the Property Registry.

• Without this authorization, you cannot register your property as a VFT or obtain the NRA.

✅ Communities may also:

• Limit the number of rental days per year.

• Charge additional fees to tourist rentals (up to 20% extra on common costs).

  
  

4. Responsible Declaration & Operation Model

✩ What is a Responsible Declaration?It is a signed statement confirming that the property complies with all technical and legal requirements. It is filed with the Junta de Andalucía before being entered in the RTA.

✩ What is the Operation Model?This refers to how the rental is managed:

• Directly by the owner, or

• By a third-party manager or company (who then assumes legal and operational obligations).

📌 Marbella also requires a municipal compatibility certificate, issued by the local town hall, prior to RTA registration.

5. Guest Registration and Operating Duties

✩ What is guest registration?Owners must register all guests aged 14 and over with the police or Guardia Civil through the SES.HOSPEDAJES system.

Other ongoing duties:

• Professional cleaning after each stay.

• Guarantee water, electricity, and climate control.

• Display complaint forms and registration numbers (RTA and NRA) visibly.

  
  

6. What If I Sell a Property with a Valid VFT License but the Community Now Prohibits New Ones?

This is a common scenario in Marbella. A property has an active tourist license, but the community of owners has since voted to ban new tourist accommodations.

✩ Can the new owner continue renting it out?Yes. If the VFT license is legally registered and the activity continues uninterrupted, the prohibition does not apply retroactively.

📁 Recommendations:

• Ensure the sale includes:

  • RTA registration number.

  • Community certificate or meeting minutes.

  • Confirmation that the tourist use is ongoing.

• The buyer must:

  • Update the Responsible Declaration.

  • Apply for their own NRA if managing independently.

  • Keep all technical and operational requirements in force.

    
    

🚨 Warning: If the activity stops or registration is not updated properly, the license may lapse. In such cases, no new license can be issued if the community has a prohibition in place.

7. Penalties for Non-Compliance

• Minor offences: from €2,000 (e.g. missing documents, technical shortfalls).

• Serious offences: from €30,000 (e.g. no registration, illegal advertising).

• Very serious offences: up to €150,000 and property closure.

Listings can also be removed by platforms within 48 hours if not properly registered.

✅ Practical Tips for Property Owners in Marbella

1. Review your community statutes and meeting minutes.

2. Seek 3/5 majority authorization if needed.

3. Obtain a compatibility certificate from Marbella's town hall.

4. Submit your Responsible Declaration to register with the RTA.

5. Apply for the NRA via the National Registry.

6. Maintain technical standards (AC, signage, first-aid kit, etc.).

7. Register all guests and store their data for 3 years.

8. Always include your RTA and NRA numbers in listings.

9. For property purchases, verify legal continuity before signing.

📄 Summary

Starting in 2025, operating a vacation rental in Marbella requires compliance with both national and regional regulations. Community permissions, technical standards, dual registration (RTA + NRA), and proper guest management are essential to avoid penalties and ensure legal, profitable rental operations.

📙 Sources Consulted

• Junta de Andalucía – Official tourism regulations (Decrees 28/2016 and 31/2024)www.juntadeandalucia.es

• BOE (State Gazette) – Royal Decree 1312/2024 and updates to the Horizontal Property Law

• Ayuntamiento de Marbella – Urban compatibility and tourist licensing

• Cinco Días (El País) – National rental registry explained

• SevillaApartamentos.com – Technical requirements guide for VFTs

• Lodgify – Overview of the national NRA system

• Mundojuridico.info – FAQ on tourist licenses and community regulations

• Alquilerviviendavacacional.com – Legal treatment of property sales with VFT licenses

• Prodespachos.com – Summary of new obligations and sanctions

• Pérez de Vargas Abogados – Expert commentary on VFT regulations in Andalusia