Málaga has closed the door on new holiday lets, but the Costa del Sol still has options

Updated 23 October 2026

Dreaming of a holiday home on the Costa del Sol that can also earn money when you are not using it? Then choosing the right area and the right property matters more than ever.

Over the last two years, the rules on holiday letting have changed faster than ever before. The Junta de Andalucía, the regional government, has cancelled more than 15,300 holiday lets since January 2024 under its new measures, close to 10 per cent of the total. The background is that many homes have become holiday lets while local people find it ever harder to rent.

That does not mean you can no longer earn money from a holiday home here. But the days of buying any flat and assuming the tourist licence will sort itself out are over.

How holiday lets work in Andalucía

A home let regularly to tourists is a vivienda de uso turístico (VUT, formerly VFT). Before you start, you file a declaration with the Andalusian tourism register (RTA), and the registration code must appear in every advert. This is what people call the tourist licence. Under Decree 31/2024 the home needs, for example, cooling if you let between May and August and heating between December and March, and town halls can limit the number of holiday lets per building or area. Since 2025, Andalusian law also requires the home to comply with local planning before it is registered.

Málaga: closed to new registrations

The city of Málaga in practice no longer accepts new holiday lets at all.

It began in January 2025, when 43 neighbourhoods where holiday lets made up more than 8 per cent of homes were closed to new registrations. In August 2025 the suspension was extended to the whole municipality, and from 25 July 2026 to all lodging use in residential zones. Each measure lasts for up to three years, or until the revised city plan is approved, if that happens sooner.

The suspension applies to new registrations. A home that is already registered can carry on as before.

Fuengirola: a different trap

Fuengirola has not introduced a moratorium. Instead, the town hall enforces a rule in its own town plan that holiday lets must have **their own separate entrance**. The rule applies to applications from 22 February 2024, and the town hall has asked for around 600 homes registered after that date to be removed because they do not meet it.

So in Fuengirola it is not enough for a home to have a valid registration today. If it does not meet the requirement, the registration can be cancelled afterwards.

The owners' community can stop you, before and after you buy

This is the point most people overlook.

To register, you need a certificate from the administrator of the owners' community (comunidad de propietarios) showing express, current approval of tourist use. Without it, the registration is refused, and this cannot be sorted out afterwards.

Under Spain's Horizontal Property Act, the community can also approve, limit or ban holiday letting with three fifths of the votes (of all owners, who must also hold three fifths of the ownership shares), even where it is allowed today. Such decisions do not apply retroactively, but if the finances of your purchase depend on rental income, find out the mood in the community before you sign, not after.

What about the national register?

If you have read about a national register for short-term rentals, it was annulled by the Spanish Supreme Court in May 2026, because the State lacked the power to create it. For you, that changes little: the Andalusian register (RTA) applies as before, and that is where homes on the Costa del Sol are registered.

New national rules from October 2026

A royal decree-law of 6 October 2026 makes furnished lets of up to 30 nights, other than the owner's own main home, subject to 10 per cent VAT from 1 December 2026. It also tightens the rules for lets of more than 31 days: unless it is an ordinary long-term tenancy, the contract must state a real, provable reason why the tenant is temporarily away from their usual home. The decree is in force but still has to be confirmed by the Spanish parliament, so check its status with your lawyer.

What to check before you buy

• Whether the home already has a valid RTA registration, and whether it actually meets the requirements, not just appears on the register
• Whether the owners' community has given express approval, documented in writing
• What the community statutes say, and whether there has been talk of restricting letting
• Which municipal rules apply exactly where the home is

Do not buy because someone says a tourist licence ‘should be possible’. That sentence means nothing, and it costs you money if it turns out to be wrong.

Medium-term letting is an underrated alternative

An increasingly relevant alternative is letting for several months at a time, for example to:

• northern Europeans who want to spend the winter on the Costa del Sol
• people on a temporary assignment in Spain
• families who need somewhere to live while they look for a home to buy
• golfers and others who want a longer stay

It gives steadier income, far fewer guests and much less work, and lets of more than two months to the same tenant fall outside the Andalusian holiday-let rules. Have a lawyer draft the contract so it meets the new national rules. Our article on rental income shows what you can expect to earn and how it is taxed.

We help you find the right home

At Solkystmegleren we look at area, location, price and letting potential before you buy, and we always recommend an independent lawyer who checks the legal side for you. Start by browsing homes for sale or reading our buying guide. The Costa del Sol is still a very attractive market for holidays, investment and letting, but the right location and the right strategy matter more than ever.

Get in touch for a free, no-obligation chat. We will help you find the holiday home that fits both your dreams and your plans.

This article is general information, not legal advice. The rules on holiday letting in Spain change often and vary between municipalities. Always have a lawyer check the specific property before you buy.