Tourist Licence Costa del Sol 2026: Buy to Let on Airbnb?

It is, by a distance, the question international buyers ask us most: «Is it still worth buying a property on the Costa del Sol to rent it out by the night?» The answer from five years ago no longer applies. Between 2024 and 2025 the rules for tourist letting changed on three levels at once — national, regional and municipal — and the result is a very uneven map depending on where you buy. This guide sets out, plainly, what is true in 2026, where you can and cannot do it, which permits you need and what the safest strategy is for a buyer who wants returns without legal headaches.

What changed, and why this question matters so much in 2026

Tourist letting has shifted from a permissive regime to a layered system of controls. The regional government of Andalusia tightened its rules with Decree 31/2024, which amends the long-standing Decree 28/2016 on tourist-use properties (VFT) and allows municipalities to limit or suspend licences by zone. The Spanish state created the Single Rental Registration Number (NRUA) through Royal Decree 1312/2024 — mandatory for advertising on platforms since July 2025 and aligned with EU Regulation 2024/1028, fully applicable since May 2026. And the reform of the Horizontal Property Act (Organic Law 1/2025) gave homeowners’ associations the final word on whether tourist flats are allowed in their building.

The practical upshot is clear: whether buying to let stacks up no longer hinges on price or location alone, but on the combination of municipality + homeowners’ association + the status of the licence. That is why, today, buying well means checking the legal situation before you sign, not afterwards.

Where you can and cannot apply for a new tourist licence (table)

This is the snapshot by municipality across the western Costa del Sol in 2026. It summarises whether, as things stand, you can apply for a new VFT licence or whether the town hall has closed the door:

Municipality	New VFT licence in 2026?	Status
City of Málaga	No — suspended	Three-year moratorium since August 2025; 53 saturated neighbourhoods (8% threshold); extended in 2026 to whole apartment blocks and hotels rated below 4 stars.
Marbella	Yes	No municipal moratorium. Regional + national processing; always review the community’s by-laws.
Estepona	Yes	No moratorium. One of the biggest jumps in tourism profitability in Spain in 2026.
Fuengirola	Yes	No moratorium and no requirement for independent access. Reinforced inspections in resort developments.
Mijas	Yes, with conditions	The town hall has imposed conditions on granting new licences.
Benalmádena	Yes	No moratorium. Reinforced inspections due to the high concentration of tourist properties.
Torremolinos	Yes	No moratorium and no requirement for independent access or utilities.
Manilva	No — suspended	Municipal moratorium since December 2025.
Benahavís	Yes	Regional + national processing; review the community and the local planning rules.

One nuance is worth stressing: being listed in the Andalusian Tourism Registry (RTA) does not override local restrictions. In municipalities such as Málaga, Manilva or Mijas, some town halls are even blocking progression to the national registry despite the earlier steps having been completed — something currently being challenged in the courts. So before buying a property «with a licence», you must check that it is registered at every level.

The five layers of permits you need in 2026

To let legally on Airbnb today you have to clear five linked checkpoints. If one fails, you cannot operate (or your listing gets taken down):

Requirement	Level	What it is	In force since
Community approval (3/5)	Community	Express resolution in a general meeting allowing tourist use in the building	3 April 2025
Responsible declaration + RTA (VFT no.)	Regional	Registration in the Andalusian Tourism Registry and a VFT/MA number	Decree 28/2016 (amended by 31/2024)
NRUA (Single Digital Window)	National	Mandatory number to advertise on Airbnb, Booking or Vrbo	1 July 2025
Planning compatibility	Municipal	The town hall may limit, condition or suspend by zone	Decree-Law 1/2025
Guest registry (SES.Hospedajes)	National	Reporting of guest data within a maximum of 24 hours	2 December 2024

1. The homeowners’ association: the new gatekeeper (3/5 majority)

This is the biggest change and the one that surprises foreign buyers most. Since 3 April 2025, with the reform of the Horizontal Property Act, the rule has been reversed: tourist use used to be permitted unless the community banned it; now you need the community’s express approval to start the activity. That same qualified majority — three-fifths of the owners representing three-fifths of the participation quotas — can also limit, condition or ban tourist flats, and even approve a surcharge of up to 20% on the shared community charges for these properties.

Two key points: the reform is not retroactive (anyone already operating legally before 3 April 2025 may continue), and if the community has registered a ban at the Land Registry, that ban also binds the future buyer. So, before you buy, asking for the community’s up-to-date minutes and by-laws is every bit as important as viewing the property.

2. The regional registration: responsible declaration and VFT number

In Andalusia, the property must be registered in the Andalusian Tourism Registry (RTA) by means of a responsible declaration, which assigns a VFT number that must appear in every listing. The rules require minimum conditions (ventilation, climate control — both cooling and heating, depending on the high season — and immediately usable furnishings), a maximum capacity of 15 places per property and 4 per room, and, increasingly, a planning-compatibility certificate confirming that tourist use is permitted in that zone. Since late 2024, the regional government has been cancelling, on its own initiative, properties that cannot evidence that compatibility or the minimum standards.

3. The NRUA: the national number without which Airbnb removes your listing

The NRUA (also called the NRA, or «single rental registration number») is a code issued by the Land Registrar through the Single Digital Window for Tenancies. Since 1 July 2025 it has been mandatory for any short-stay property to be advertised on booking platforms such as Airbnb, Booking or Vrbo; without it, the platform can block or remove the listing. It is an additional step to the regional VFT — it does not replace it — and it carries an annual obligation: filing an informative return in February with the previous year’s booking data. Miss that filing and you lose the NRUA.

4. The municipality: moratoriums and planning compatibility

Andalusia’s Decree-Law 1/2025 allows town halls to suspend the granting of tourist licences — across the whole municipality or by zone — for up to three years while they review their planning framework. It is the legal basis on which the city of Málaga froze new registrations in August 2025 (the city already has more than 13,000 registered tourist properties) and on which Manilva did the same in December. The lesson for the buyer: the specific area matters as much as the municipality, because within one city there can be «saturated» neighbourhoods where tourist use is barred.

5. The guest registry (SES.Hospedajes)

Finally, since 2 December 2024 every tourist property must be registered on the state platform SES.Hospedajes and report guest data within 24 hours. It is a daily operational obligation that is easy to automate, but repeated breaches can lead to penalties.

The smart play in 2026: buy a property that already holds a licence

With municipal moratoriums and the community vote in the mix, the safest option for an investor in 2026 is to buy a property that already holds an active tourist licence. Why? Because in Andalusia the licence is of a «real» nature — it attaches to the property, not strictly to the person — and does not lapse on a sale, provided the property continues to meet the requirements. That means you clear two hurdles at once: the moratorium (the licence already exists) and the need for fresh community approval (it is being confirmed that transferring an already-granted licence does not require a new vote).

That said, you must complete the change of holder with the RTA (a free procedure in Andalusia) and, while it is being processed, keep the filing receipt. It is also a competitive advantage of the Costa del Sol over other regions: in the Valencia region you can no longer buy a licensed property and change the holder, whereas in Andalusia it is still possible. Before buying a tourist property, it is worth verifying:

• That the VFT number is active and valid in the RTA (and, where applicable, that the national NRUA is also on file).
• That the property meets the current technical requirements (habitability, climate control, floor area, furnishings).
• That there is no ban on tourist use in the by-laws or in a community resolution registered at the Land Registry.
• That there are no pending penalty proceedings or formal requirements affecting the property.
• That no municipal restriction (saturated zone, moratorium, planning rules) could compromise the activity in future.

In municipalities where licences can still be obtained, a well-located two-bedroom apartment with a pool and parking remains the star product for holiday letting: for example, this two-bedroom apartment for sale in Fuengirola with pool and parking or this two-bedroom apartment in Mijas with a garage space. For buyers chasing the high end and stronger nightly rates, options such as this luxury penthouse in Calanova Golf, La Cala de Mijas or the exclusive Soleil Marbella apartments fit the premium tourism the area attracts.

How to make a property legal for Airbnb on the Costa del Sol, step by step

If you buy a property without a licence in a municipality where it can still be processed, this is the route to operating legally:

1. Check the community and the municipality. Review the by-laws and obtain the community’s express approval (3/5) if required; confirm the zone is not affected by a moratorium or planning restriction.
2. Verify planning compatibility. If your town hall requires it, request the certificate confirming that tourist use is permitted at that location.
3. File the responsible declaration and register the property in the RTA. You will obtain the VFT number that must be shown in your listings.
4. Apply for the NRUA through the Single Digital Window. It is the national number you cannot advertise without on Airbnb, Booking or Vrbo.
5. Register on SES.Hospedajes. Set up guest reporting so data is submitted within 24 hours, ideally with automated online check-in.
6. Publish with everything in order. Display the VFT and the NRUA clearly, and keep the annual NRUA informative return up to date.

Does buying to let still pay off?

Demand is supportive. The Costa del Sol began 2026 as one of the most profitable holiday destinations in Spain, with hotel occupancy of around 87% and RevPAR growth of 11.1% (€102.7 in the city of Málaga), according to the Exceltur barometer — well above the national average. The source markets also match the typical international buyer profile for the area: the UK leads arrivals, followed by Germany and the Nordic countries.

On returns, various industry estimates put gross holiday-letting yields on the Costa del Sol at around 6%–8% per year, depending heavily on location, the condition of the property, management and seasonality. Treat that as an indicative figure: these are gross yields (before tax, community charges, insurance, maintenance and management), they are not guaranteed, and they can vary considerably from one property to another. Paradoxically, the supply squeeze caused by the new rules tends to support nightly rates for compliant properties, which reinforces the value of buying a property with a licence already granted.

When you run the numbers, remember to add the purchase costs (around 12%–14% of the price, depending on whether it is a new build — VAT plus stamp duty — or a resale — transfer tax), and always verify the current rates with official sources. You will find the detail in our guide to taxes when buying property in Andalusia, and if you are financing the purchase, in how to get the perfect mortgage for your new home.

Buyer profiles: which strategy fits whom?

• The investor after immediate yield. Best served by buying a property with an active, transferable licence, ready to operate from day one, in Marbella, Estepona, Fuengirola or Mijas.
• The second-home buyer who wants to offset the cost. Suits a property in a municipality with no moratorium and a favourable community, for personal use in season and tourist letting the rest of the year.
• The investor set on the city of Málaga. If they want the city, their only route is to buy with a licence already granted; as an alternative, they can consider medium-term (seasonal) letting outside the tourist regime.
• The long-term wealth buyer. Prioritises location and potential appreciation over nightly yield; will be drawn to the emerging areas of the Costa del Sol that still offer reasonable prices and the best areas to invest in Málaga in 2026.

Risks and mistakes to avoid

• Assuming the licence transfers by itself. Without the change of holder at the RTA, you could fall outside the rules; arrange it within the conveyance.
• Buying without checking the community. A registered ban or a 3/5 resolution can leave your investment with no tourist use, even if the property is perfect.
• Confusing the RTA with the NRUA. They are two separate registrations and you need both; with only the regional one, platforms can remove your listing.
• Ignoring the municipality. Being in the RTA does not protect you from a moratorium or a saturated zone; check the current planning rules before you sign.
• Forgetting SES.Hospedajes and the annual NRUA return. These are recurring obligations whose accumulated breach can lead to penalties or the loss of the registration number.
• Letting without a licence. Inspections have been stepped up across the Costa del Sol and the penalties for operating irregularly are steep. The risk is not worth it.

Frequently asked questions

Can I still buy a flat on the Costa del Sol to let it on Airbnb in 2026?

Yes — across most of the Costa del Sol (Marbella, Estepona, Fuengirola, Benalmádena, Mijas or Torremolinos) you still can, but it is no longer automatic. You need the homeowners’ association’s approval, the regional VFT registration and the national NRUA number. The exception is the city of Málaga and Manilva, where a moratorium on new licences means the only viable route is to buy a property that already holds an active licence.

Can I obtain a new tourist licence in the city of Málaga?

Not as a general rule. Since August 2025 the city of Málaga has applied a moratorium of up to three years that suspends new registrations of tourist properties across the whole municipality, on top of having dozens of «saturated» neighbourhoods where tourist use is barred. The only practical route is to acquire a property that already holds an active, transferable licence.

Does the tourist licence transfer when I buy the property?

In Andalusia the licence attaches to the property and does not lapse on a sale, provided the property continues to meet the requirements. Even so, the new owner must complete the change of holder with the Andalusian Tourism Registry (free of charge) to keep operating legally. Important: if the community has registered a ban on tourist use, that ban also binds the buyer.

What is the NRUA and why do I need it for Airbnb?

The NRUA (Single Rental Registration Number) is a code issued by the Land Registrar through the Single Digital Window. Since 1 July 2025 it has been mandatory to advertise any short-stay rental on platforms such as Airbnb, Booking or Vrbo. Without it, the platform can block or remove your listing. It is additional to the regional VFT number, not a replacement for it.

Can the homeowners’ association stop me letting my flat to tourists?

Yes. Since 3 April 2025, to start a tourist property you need the community’s express approval by a 3/5 majority; that same majority can limit, condition or ban the activity and impose a surcharge of up to 20% on the shared charges. The reform is not retroactive: anyone already operating legally before that date may continue.

How much does it cost to set up a tourist property and how much can you earn?

On top of the purchase costs (around 12%–14% of the price, depending on whether it is a new build or a resale) you must add furnishing and the processing of licences. As for income, various industry estimates point to gross yields of around 6%–8% per year on the Costa del Sol, highly dependent on location, management and occupancy. These are indicative figures and not guaranteed; it is worth running a tailored calculation and verifying the current taxes with official sources.

What happens if I let without a licence or without the registration number?

It is a risk that does not pay off. Operating without the VFT or the NRUA can mean your listing is removed by the platform and administrative penalties, which — where a community ban is breached — can be steep. Inspections have been stepped up across the Costa del Sol, so the sensible course is to regularise the situation before you start letting.

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Keep reading

• Guide to buying property on the Costa del Sol
• The best areas to invest in Málaga in 2026
• Taxes when buying property in Andalusia
• Emerging areas of the Costa del Sol with still-reasonable prices
• Buying new-build off-plan on the Costa del Sol: 2026 guide
• The cost of living on the Costa del Sol in 2026

Updated June 2026 by the SolProp team (Fuengirola, Málaga). Sources consulted: BOJA (Decree 31/2024 and Decree-Law 1/2025), BOE (Royal Decree 1312/2024 and EU Regulation 2024/1028), Organic Law 1/2025 reforming the Horizontal Property Act, the regional government of Andalusia / Andalusian Tourism Registry, the Exceltur profitability barometer and idealista. This article is for information only and does not constitute legal or tax advice: municipal and regional rules change frequently, so we recommend always verifying the current situation and consulting a professional before buying.