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Short-Term Rentals in Spain -What You Need to Know in 2026

Author: La Rosa Estate

1. Tourist rentals are subject to specific regulations

In Andalusia, a Vivienda de Uso Turístico (VUT) is a property offered for accommodation on a paid, regular basis for tourism purposes.

A rental to the same person for a continuous period of more than two months is not considered a VUT.

2. Approval from the homeowners’ association is required

Since April 3, 2025, owners wishing to start operating a tourist rental in a property that forms part of a homeowners’ association must first obtain its express approval.

The resolution requires a majority of three-fifths of all owners, who must also represent three-fifths of the ownership shares in the building or community.

This requirement applies to new tourist rental activity. Owners who were legally operating a tourist rental before April 3, 2025 can, as a general rule, continue under the previous conditions.

3. The property must be registered with the Registro de Turismo de Andalucía

Before starting tourist rental activity, the owner must submit an electronic declaración responsable and register the property with the Registro de Turismo de Andalucía (RTA).

The required documentation includes, among other things:

  • an up-to-date nota simple from the Property Registry,
  • documentation relating to the homeowners’ association,
  • details of the property owner and operator,
  • confirmation that the property complies with local planning and zoning regulations.

Registration with the RTA does not in itself mean that local regulations automatically permit tourist rental activity at the property.

4. Vivienda de Uso Turístico must meet technical requirements

Current regulations establish a number of operational and technical requirements, including:

  • minimum property size requirements,
  • maximum guest occupancy limits,
  • air conditioning and heating during specified periods of the year,
  • a 24/7 contact telephone number,
  • cleaning between guest stays,
  • official complaint forms,
  • an obligation to inform guests of the rules of the homeowners’ association.

5. The national Número Único de Arrendamiento is not currently an applicable requirement

The national Registro Único de Arrendamientos, introduced in 2025, was partially annulled by Spain’s Supreme Court (Tribunal Supremo) in 2026.

In the current consolidated version published in the BOE, the provisions governing the registry and the procedure for obtaining the corresponding rental number are marked as annulled.

This does not affect the obligations established under Andalusian regulations or the requirement to register qualifying tourist accommodation with the Registro de Turismo de Andalucía.

What should you check before buying?

If you are considering purchasing a property with the intention of using it for short-term rentals, it is important to verify the following before completing the purchase:

  1. Do local regulations allow the property to operate as a VUT?
  2. Will the homeowners’ association approve tourist rental activity?
  3. Does the property meet the applicable technical requirements?
  4. Is the property eligible for registration with the Registro de Turismo de Andalucía?

Sources

  • Junta de Andalucía – Viviendas de Uso Turístico
  • Registro de Turismo de Andalucía
  • Ley 49/1960 de Propiedad Horizontal
  • Decreto 28/2016 de Viviendas de Uso Turístico
  • BOE – Real Decreto 1312/2024

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