Planning to holiday-let your Costa del Sol home? The rules at the end of 2026

The Costa del Sol remains an attractive destination for property buyers seeking a holiday home, rental income or a longer-term investment. However, regulations governing short-term holiday rentals have changed, and the rules can vary considerably between municipalities, residential developments and individual properties.

For buyers considering a property with holiday-rental potential, it is important to understand what is permitted before committing to a purchase.

Understanding the regulations

Holiday rentals in Andalucía are subject to three main levels of regulation:

• Regional: properties must comply with Andalucía’s tourism regulations and be registered appropriately.
• Municipal: each town hall can apply planning rules that restrict where tourist accommodation is permitted.
• Community of owners: apartment buildings may have their own restrictions on tourist rentals.

A property’s suitability therefore depends not only on its location, but also on its planning status, registration and community rules.

Andalucía: registration and existing licences

Holiday rental properties must comply with the applicable regional requirements and municipal planning regulations. A registration with the Andalucía Tourism Registry does not, by itself, guarantee that the property is permitted to operate as a tourist rental.

Buyers should also be aware that a tourist registration does not automatically transfer when a property is sold. The new owner must complete the relevant change-of-holder procedure and verify that the registration remains valid and that the property continues to meet the applicable requirements.

This is particularly important where a municipality has introduced restrictions on new tourist registrations. A property that currently operates as a holiday rental may not necessarily be able to obtain a new registration if the existing one is cancelled or cannot be transferred.

Málaga

Málaga has introduced significant restrictions on new tourist accommodation in residential areas, including a suspension of new registrations in areas where tourist rentals are particularly concentrated.

Since 25 July 2026, the city has also suspended new authorisations for tourist homes on all residential land for up to three years, or until its revised planning rules are approved if sooner. Existing licences remain valid, and applications filed with full documentation before the suspension was published continue under the previous rules.

The city has also pursued further planning changes affecting the introduction of tourist accommodation in residential buildings. Buyers should therefore check the precise planning position and whether an existing registration can continue following a change of ownership.

The existence of a tourist registration should not be treated as confirmation that it will remain valid after a purchase.

Fuengirola

Fuengirola has taken measures to restrict new tourist registrations where properties do not comply with the municipality’s planning requirements.

In August 2024, the Town Hall announced that it would apply the relevant provisions of its General Urban Development Plan (PGOU), including the requirement that tourist apartments have an independent entrance. It requested the cancellation of approximately 600 registrations considered non-compliant and stated that the restriction would apply to subsequent applications that failed to meet the same requirement.

This is not the same as a blanket prohibition on holiday rentals throughout Fuengirola. The key issue is whether the individual property complies with the municipal planning rules. Buyers should confirm this directly with the Town Hall rather than relying solely on the seller’s existing registration.

Manilva

Manilva approved a municipal ordinance in December 2025 introducing a three-year suspension of new tourist-rental permissions in designated areas considered under housing pressure.

The restricted areas include coastal and urbanisation zones such as El Hacho, Puerto de la Duquesa, Los Hidalgos and Princesa Cristina. San Luis de Sabinillas was also identified as an area where further restrictions could be considered. The restriction does not automatically cover the whole municipality; Manilva Pueblo was reported as outside the specified suspension.

The three-year period is intended to allow the municipality to develop planning rules governing where tourist accommodation can operate. The expiry of the suspension does not guarantee that new registrations will become available again. The eventual position will depend on the planning framework adopted by the Town Hall.

For buyers, the exact address is particularly important: a property in one part of Manilva may be affected differently from a property elsewhere in the municipality.

Other areas of the Costa del Sol

Outside municipalities or zones where specific restrictions have been identified, there is no general Costa del Sol-wide suspension of new tourist registrations.

Areas such as Marbella, Estepona, Casares and Benahavís should not be assumed to have the same restrictions as Málaga, Fuengirola or the designated areas of Manilva. However, this does not mean every apartment or development is automatically suitable for holiday rentals.

Municipal planning compliance, the property’s characteristics and the community of owners can all affect whether tourist accommodation is permitted. The position should be checked for the specific property before purchase.

What if the property already has a tourist registration?

This is an important consideration for buyers, particularly when purchasing an apartment in an area where new tourist registrations are restricted.

An existing registration can be valuable, but it should not be assumed to be permanently attached to the property or automatically passed to the buyer.

Before proceeding, buyers should establish:

1. Is the registration active and valid? Confirm the property’s actual registration details and whether any cancellation or compliance issue exists.
2. Can the registration be transferred? The regional change-of-holder procedure must be completed. The seller’s registration alone is not sufficient.
3. Does the property comply with current municipal planning rules? An existing registration does not necessarily protect a property from planning non-compliance or cancellation.
4. Does the community of owners permit tourist rentals? Since April 2025, community approval requirements have become particularly important for new tourist activity and changes of holder. The applicable community rules and any relevant transitional protection should be checked.
5. Will the registration remain valid after completion? Obtain confirmation before relying on holiday-rental income in the purchase valuation.

In practical terms, buying an apartment with an existing registration in a restricted area may still be possible, but the buyer needs to verify whether the registration can legally continue under their ownership. If it cannot, obtaining a replacement registration may be impossible while the restriction remains in force.

Community of owners: an important additional consideration

Even where municipal planning permits tourist rentals, the community of owners may restrict or prohibit them.

Since April 2025, communities have had increased powers to approve, limit, condition or prohibit tourist accommodation, subject to the applicable legal requirements and qualified majority. The position can differ between an existing, properly authorised tourist activity and a new application or change of holder.

Buyers should therefore review the community statutes, minutes and any resolutions relating to tourist rentals. This is particularly important when purchasing an apartment in a development where holiday rentals are a significant part of the investment case.

What about long-term residential rentals?

The restrictions discussed above principally concern tourist accommodation. They do not amount to a general prohibition on renting a property under a conventional long-term residential tenancy.

A property that cannot be used for holiday rentals may still be suitable for residential letting, subject to the applicable tenancy legislation, property status and other relevant requirements.

For buyers whose priority is rental income, it is therefore worth considering both holiday-rental and long-term residential strategies before deciding whether a particular property is suitable.

What buyers should check before purchasing

Before committing to a property with holiday-rental potential, we recommend confirming:

• The current municipal planning position for the exact address.
• Whether the property has a valid and active tourist registration.
• Whether the registration can be transferred to the buyer.
• Whether the property meets current regional and municipal requirements.
• Whether the community of owners permits tourist accommodation.
• Whether the investment remains attractive if holiday rentals are not permitted.

These checks are especially important in municipalities introducing new restrictions or reviewing existing registrations.

A changing market, but still opportunities

The regulatory environment for holiday rentals on the Costa del Sol is evolving, and buyers should avoid assuming that the rules are identical across the region.

At the same time, restrictions on tourist accommodation do not necessarily remove the wider investment potential of a property. Depending on its location, characteristics and price, it may still offer opportunities as a second home or long-term residential rental.

At Mosaic Realty, we help buyers assess properties in the context of their intended use, including the relevant municipal planning position and the practical considerations surrounding tourist registrations.

The key is to establish what can legally be done with the property before purchase, rather than relying on an existing holiday-rental registration or the general rules for the surrounding area. Speak to a Mosaic advisor about a property you are considering, or download our free 2026 Buyers Guide to plan your purchase step by step.

This article is general information, not legal advice. Rules can change and every property is different, so please check your own position with a qualified lawyer before you buy.

Sources

This article is based on Andalucía’s regional tourism guidance and legislation, Fuengirola Town Hall’s published position, and reporting on Manilva’s December 2025 ordinance.

• Junta de Andalucía – Tourist accommodation FAQ (homes already registered)
• Andalucía Decree-Law 1/2025, of 24 February, on urgent housing measures (Title II: tourist homes)
• The Olive Press, 18 August 2024 – Fuengirola moves to cancel 600 tourist-flat registrations
• The Olive Press, 11 December 2025 – Manilva approves three-year restriction in designated areas
• Euro Weekly News, 24 July 2026 – Málaga tourist-flat licence freeze now in force
• BOE – Ley Orgánica 1/2025 (community of owners and tourist accommodation: article 17.12 of the Horizontal Property Law)