Renting out a second residence on the Spanish coast is an attractive option for many international buyers. Especially in regions such as the Costa del Sol, renting out your property during your absence is a way to get a return on your investment. But from April 3, 2025, the legal framework for tourist rentals in Spain will change significantly.
This blog explains clearly what the new regulations mean, whether you own an apartment, villa or townhouse, or are still in the orientation phase for a purchase. So you’ll be well prepared and can make more conscious choices.
What will change as of April 2025?
The Spanish government has amended the Law on Horizontal Property (Ley de Propiedad Horizontal). The new Organic Law 1/2025 of Jan. 2 gives Associations of Owners (CoEs) more powers to regulate tourist rentals within communities.
In other words, not every owner will be allowed to simply rent out their property to tourists.
Key changes at a glance
Short-term rentals (less than 11 days) require explicit permission from the CoE. If your property is in a community with a CoE, you must now get approval from the CoE to rent out your property to tourists for a short term.
With a 3/5 majority of owners and 3/5 of the quota (voting rights), the CoE can decide to allow, limit or prohibit tourist rentals.
The law is not retroactive. Do you already have a valid tourist rental license before April 3, 2025 and are properly registered? Then you may continue to rent under the same conditions.
Those who rent without the proper permits or without the consent of the CoE (if required) risk fines of up to €600,000, depending on the region.
Rental from 11 days to 11 months is legally allowed without the approval of the VvE. This type of rental is becoming increasingly popular, especially with winter visitors, digital nomads or expats.
Is my property covered by these regulations?
The law applies to all homes within a community with an Owner’s Association (OE). This means:
Apartments are almost always part of a CoE. Townhouses are often part of a gated urbanization with shared facilities. Detached villas may also be part of an O.A.E., such as in a resort or urbanization with shared management.
Only when you own a property outside a community – that is, completely independent without shared infrastructure – does this obligation not apply. In that case, you do not need a CoE permit, but you do need a tourism permit.
Permit needed, even without an association?
Yes. This is a common confusion. Regardless of whether your property is covered by an OOC or not, any owner who wants to rent out their property to tourists must apply for a tourist rental license.
This permit is requested from the competent authority in your region (for Andalusia: the Junta de Andalucía) and includes:
- Registration in the Registro de Turismo de Andalucía (you will receive a VFT number)
- Possess a first occupancy permit (licencia de primera ocupación)
- Meet technical requirements in terms of comfort, safety and equipment
- Report guests to police through online registration system
Do you have a property within an association of owners? Then you need both the tourism permit and community approval.
Do you have a property without an association? Then only the permit will suffice.
What if you haven’t bought a home yet?
At MDR Luxury Homes we mainly assist international buyers during their search for a (second) home on the Costa del Sol. Many of our clients are in the orientation phase, or buying a property off-plan (still under construction). In this situation it is important to consider the following issues.
With off-plan purchases, there is not yet an active MoU. When you buy a home in a project that is still under construction, the CoE is not yet active. The first meeting does not take place until after the delivery of the first homes. At that time, the first owners can make decisions about tourist rentals, among other things.
That means: initially, there is no ban on tourist rentals. However, future CoEs can impose restrictions once the community is formally established.
Be well informed when purchasing. If your purchase is partly focused on rental, discuss this with your real estate agent. Not every project is equally suitable. Some promoters encourage rentals, others build projects deliberately excluding tourist rentals.
The Digital Single Counter System as of July 2025
In addition to the change in the law, the Spanish government is also introducing a central registration system: the Digital Single Point System. This system went into effect on Jan. 1, 2025, but the actual obligation does not take effect until July 1, 2025.
What does this mean for owners?
- Any property rented to tourists or for temporary stays must be registered through this system.
- The system centralizes landlord data, regional permits and notifications
- Government gets more control and transparency in rental industry
- This is another step toward professionalizing and legalizing the rental market.
Specifically, what does this mean for you as a buyer or owner?
If you already own, or are still considering a purchase, we recommend:
- To check if your home is in a community, and if there are CoE restrictions
- Properly register your property as a tourist property (apply for VFT number)
- To consider whether medium-term rentals may be an alternative
- Future-proofing your home so that you remain flexible in terms of use
- Above all, get proper guidance. The regulations are becoming more complex, and the financial risks in case of mistakes are great.
We do not do rentals, but accompany with advice
At MDR Luxury Homes, we specialize in assisting international buyers, not in managing or renting properties. Nevertheless, we obviously get these questions often from clients, which is why we think it’s important to be well informed.
We connect our clients with:
- Specialized lawyers providing advice on permits and regulations
- Bookkeepers or tax consultants to help with tax optimization of rentals
- Management services providing key management and rental administration, if required
This way, we ensure that our buyers make correct choices from the start, and do not get surprised after the purchase.
Conclusion
The new Spanish regulations as of April 3, 2025, mean that tourist rentals will now be under stricter conditions, especially for homes within communities with an owners’ association.
Anyone who wants to rent out will have to meet two basic requirements:
- A valid tourist license
- Consent of the VvE, if applicable
For those still in the purchase phase, it is important to consider this issue. Not every property is equally suitable for rental, and your strategy needs to fit the legal realities as well as your personal goals.
Want to know more or buy a home with a clear strategy?
We personally guide you through every step of your search. From region selection to purchase guidance, and from advice on rentals to contact with the right partners.
