In a positive move that clarifies a long-debated question around the short-term rental market in Andalusia, a department within Spain’s Ministry of Justice issued a ruling clarifying the fate of tourist licences when properties change hands.
For property owners and buyers/investors, this decision ends some of the uncertainty around the recent legal and regulatory changes related to tourist accommodation.
As of July 2025, tourist licences in Andalusia are now officially considered linked to the property, not the individual owner. This means:
- Licences remain valid after a sale, once the new owner notifies the Tourism Registry of the ownership change.
- For properties in continuous operation with a valid licence before April 2025, a sale should not be treated as a new application meaning community-level approval may not be required.
- Rentals can continue from one owner to the next with minimal paperwork and downtime.
This resolution, issued by the Dirección General de Seguridad Jurídica y Fe Pública, aligns Andalusia with national interpretations, and enforces what had been generally understood to be the position of the courts. It was the Andalusian Regional Government who brought this into question with a different view, but this ruling provides clarity where previous regional interpretations had created uncertainty.
There are some questions and caveats which remain, however, and owners and buyers alike are encouraged to ensure that the existing licence remains fully up to date, that their property remains compliant with the regulations set out by Tourism Board, and that there are no overriding restrictions at a community level which may prevent the licence being legally valid.
For these reasons it is important to obtain legal advice if your intention is to rent your property on a short term basis, or to buy a property with a tourist licence with the view to continuing the rental operations.
At Finest Rentals we can help guide you in the right direction and provide up to date advice in a fast-changing landscape. Feel free to contact us for a friendly chat!
