A Detailed Guide for Buyers
On April 3, 2025, the Spanish Horizontal Property Law (Ley de Propiedad Horizontal) was amended, introducing major changes in the sale and rental regulations of tourist properties (Viviendas de Uso Turístico, VUT) in Andalusia, including Marbella.
In addition, in late August 2025, an important official resolution was published by the Spanish Ministry of Justice clarifying the legal framework for tourist rental licenses in Andalusia under property sales.
Key Points of the Law and Practical Implications
- Community Approval Required for New Owners The new law requires any new owner wanting to continue tourist rentals to obtain prior written approval from the homeowners’ association. This approval must be granted by a three-fifths majority vote of the community during an official meeting, documented in the minutes.
- Non-Retroactive Application The approval requirement applies only to properties acquired after April 3, 2025. Existing tourist rental licenses active and registered before this date continue to be valid without requiring new community approval on ownership changes.
August 2025 Andalusian Resolution - Transfer of Tourist Rental Licenses with Property Sale
This resolution brought a significant clarification:
- The tourist rental license is attached to the property itself, not to the individual owner.
- When a property with a valid tourist rental license is sold, the license automatically remains valid and transfers to the new owner as long as the property continues to comply with Andalusian regional regulations (Junta de Andalucía).
- This stance is based on jurisprudence from the Spanish Supreme Court distinguishing between personal licenses and real property licenses.
- It reverses previous Andalusian policies that considered such licenses non-transferable upon sale.
- This resolution provides legal certainty to owners, buyers, and investors by protecting investments and avoiding unnecessary administrative delays during ownership transfers.
- Practically, the new owner only needs to inform the relevant authorities of the ownership change; filing a completely new license application is not required.
- The new owner must still comply with the rules imposed by the homeowners’ association, which might restrict tourist rentals.
Why This Matters for International Buyers ?
- If you are purchasing property in Marbella or elsewhere in Andalusia for tourist rental purposes, rest assured that your license — if valid and registered before sale — comes with the property.
- However, you must always ensure compliance with the homeowners’ association’s rules and obtain community approval if required under the new law, especially for transactions after April 3, 2025.
- Engaging experts to navigate the legal framework and community approval process can protect your investment, avoid disputes, and secure your rental business.
How Move2Marbella Supports You
At Move2Marbella, with over 14 years of experience, we provide comprehensive support including Hungarian language assistance, helping you understand local legal changes, meet all requirements, and smoothly complete your property purchases or sales in the Costa del Sol.
Contact us to receive professional advice, tailored solutions, and reliable legal guidance so you can safely and successfully invest or buy your dream home in Marbella.
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This article is aimed at clarifying the complex 2025 regulatory changes, the August resolution, and practical steps for buyers, helping international clients make informed decisions on tourist property investments in Marbella and the wider Andalusian region.
