If you own a property on the Costa del Sol and rent it out to holidaymakers, or are considering doing so, the touristic licence rules in Marbella have changed significantly in 2026. Between new national registration requirements, non-transferable licences, and mandatory community votes, staying compliant is more involved than ever. Here is a clear breakdown of what has changed and what it means for you.
Can You Still Transfer a Touristic Licence When Selling?
In short, no. This is one of the biggest regulatory shifts for buyers and sellers on the Costa del Sol. Tourist licences are no longer transferable when a property changes hands. If you purchase a property that currently operates as a holiday rental, the existing licence does not come with it. The new owner must apply from scratch, including obtaining fresh community approval. There is no guarantee of success.
This matters enormously for anyone buying a property expecting to inherit an established rental income. Before exchanging contracts, always verify the licence status independently and confirm that community approval is realistically obtainable. Properties in buildings where the community has already voted against short-term rentals will not receive new licences regardless of what the seller promises.
For sellers, this also changes the equation. A property with an active touristic licence no longer carries the same premium it once did, because the buyer cannot rely on keeping it.
Do You Need Community Approval for a Tourist Rental?
Yes, and it is a hard requirement rather than a formality. Any new tourist rental application now requires a vote at the community of owners meeting, with at least 60% of residents voting in favour. In practice, many communities in Marbella, BenahavĂs, and across the Costa del Sol have already voted to restrict or prohibit short-term lets in their buildings.
If you own an apartment, check your community's current position before assuming you can rent legally. The 60% threshold means that even a minority of concerned residents can block a licence application if enough owners are neutral or absent from the vote. Communities that have previously approved tourist rentals can also reverse their position at a future meeting.
If your community has not yet voted on short-term rentals, it is worth attending the next meeting to understand the mood. Once a restriction is in place, overturning it requires another 60% vote in favour.
What Is the National Registry for Tourist Rentals?
Since July 2025, every tourist rental property in Spain must be registered in the National Registry for Tourist and Seasonal Rentals. Each property receives a unique registration ID, which must appear on all platform listings. Airbnb, Booking.com, and other major platforms are required to verify this ID before allowing properties to be advertised.
Properties missing the registration ID risk removal from platforms and significant fines. The registry also feeds data to tax authorities, making it easier for Hacienda to cross-reference rental income declarations. For owners already operating with a valid Junta de AndalucĂa licence, the national registration is an additional step rather than a replacement.
The practical steps are straightforward: apply through the Ventanilla Ăšnica Digital portal, provide your existing VFT (Vivienda con Fines TurĂsticos) number, and receive your national registration ID. Processing typically takes two to four weeks.
How Is Málaga Province Handling Tourist Licences?
While Marbella itself has not imposed a blanket moratorium, other parts of the province have moved more aggressively. Málaga city has imposed a three-year moratorium on new tourist licences in the city centre and seafront zones. Fuengirola has restricted all new licences to properties with independent street access, effectively limiting them to detached houses and ground-floor apartments only.
Estepona and other coastal towns are watching these developments closely. The pressure is growing across the region, and it would not be surprising to see similar restrictions introduced in other municipalities within the next 12 to 18 months.
If you are planning to register a Marbella property as a tourist rental, acting now while the local market remains open is the sensible approach. Waiting carries the risk that new restrictions could be introduced before your application is processed.
A Quick Compliance Checklist for 2026
If you already hold a VFT licence or are planning to apply, here is what you need in place right now:
- National registry ID displayed on all platform listings and marketing material
- Community approval documented in minutes from an owners' meeting with a 60% vote
- 24/7 emergency contact reachable by phone, registered with local police
- Guest registration submitted to the PolicĂa Nacional within 24 hours of check-in
- Energy performance certificate valid and on file with the Junta de AndalucĂa
- Complaint forms available in the property in at least Spanish and English
Missing any one of these can result in fines or suspension of your licence. The Junta de AndalucĂa has increased inspections across the Costa del Sol since early 2026, particularly in high-density tourist areas like the Golden Mile, Puerto BanĂşs, and San Pedro de Alcántara.
What Does This Mean for Property Owners in Marbella?
Managing a short-term rental in 2026 is more complex than it was two years ago. Between national registration, community votes, property standards, noise monitoring requirements, and 24/7 emergency contact obligations, staying compliant is a real commitment. Fines for non-compliance start at €2,000 and can reach €60,000 for serious or repeated breaches.
At Premavista, we handle the full operational side of short-term rentals on the Costa del Sol, from compliance and licensing guidance to guest management and income optimisation. Our managed two-bedroom apartments in Nueva AndalucĂa typically generate between €28,000 and €35,000 in annual rental income, and we only charge commission on what you actually receive.
If you want to know whether your Marbella property can be legally rented this summer, or need help navigating the new licensing requirements, get in touch. Visit premavista.com/contact or message us on WhatsApp at +34 600 543 173.
