A major regulatory shake-up is redefining the rules of short-term rentals across Andalusia — and the effects are already being felt in popular destinations like Marbella, Málaga, and Seville.
Effective February 2024, Decreto 31/2024 introduces stricter licensing requirements and tighter controls on tourist rentals, particularly in high-demand areas such as beachfront zones and historic city centers. The new rules are part of a broader effort by the regional government to address housing shortages and curb unchecked tourism-driven property speculation.
Key provisions include:
- Enhanced safety and quality standards for short-term rental units, including fire protection, accessibility, and ventilation.
- Restrictions on license transfers, preventing the easy resale of tourist rental licenses — a practice that previously fueled speculative buying.
- Empowered homeowner associations, which can now vote to prohibit or limit holiday rentals in their buildings, provided they meet quorum and procedural requirements.
“This is a necessary step to rebalance the housing market,” said Carmen Serrano, an urban policy adviser in Málaga. “We’re not trying to eliminate tourist rentals — just ensure they don’t come at the cost of housing access for locals.”
The changes come amid growing concerns that too many homes in Andalusia’s cities are being converted to short-term tourist lets, leaving few affordable options for permanent residents. In Marbella, for example, nearly 60% of rentals are now short-term, further tightening the local long-term rental market.
Real estate investors and landlords are now adapting to the shifting legal landscape. Some are exploring medium-term rental models (1–6 months), which fall into a regulatory grey area but still appeal to digital nomads and remote workers.
While some in the tourism industry argue the new rules may dampen visitor options, housing advocates say they mark an important turning point.
“The market has been too loosely regulated for too long,” said Laura Martín, spokesperson for a regional tenant union. “This law is a chance to restore balance between tourism and residential life.”