2025 Rental Law Changes in Spain: What Property Buyers on the Costa del Sol Need to Know
Spain’s government has tightened its stance on short-term rentals, introducing a series of new laws that are already reshaping the property market — particularly along the Costa del Sol. For years, holiday lets have been one of the most profitable investment models in southern Spain. But with growing local pressure to protect housing for residents and regulate tourism density, new restrictions are changing how, where, and who can legally rent to tourists.
For property owners and buyers alike, this represents a turning point. The new regulations don’t just affect how short-term rentals operate — they’re redefining which types of properties will hold long-term value in the years ahead.
Quick Summary
April 2025: New short-term rental restrictions introduced under Spain’s updated Horizontal Property Law.
July 30, 2025: A national court ruling added new complexity and changed how tourist rental licences work.
Before July 2025
Communities could vote to ban short-term rentals with a double quorum (60% of owners and 60% of units).
If the property was sold, the new buyer lost the right to rent it short-term — even if the previous owner had a valid licence.
After July 2025
The rental right now belongs to the property, not the individual owner.
If a property already holds a valid licence, that right can transfer to a new buyer — even if the community later votes to prohibit rentals.
Communities can still vote to ban future tourist rentals, but they cannot revoke existing licences.
What It Means for Buyers
If you’re considering a property purchase, this is a key shift:
🔹 Apartments with existing tourist licences now carry lasting value.
🔹 Communities can no longer strip those rights retroactively.
🔹 Getting new licences, however, is becoming far more difficult in most towns.
Deeper Explanation
The Costa del Sol has long been one of Europe’s most attractive regions for short-term rental investment. But Spain’s evolving rental legislation is now dividing the market between fully compliant tourist apartments and standard residential homes.
The New Legal Landscape
In April 2025, Spain modified its Horizontal Property Law, giving communities of owners more power over short-term rentals. This meant that neighbours could restrict tourist lettings with a 60% vote.
Then, in July 2025, a national court ruling clarified that existing licences are tied to the property itself — not to the individual owner.
This ruling was seen as a victory for investors, but it also raised new questions. The case may still move to Spain’s Supreme Court, which could confirm or adjust the interpretation.
At the same time, local municipalities across the Costa del Sol — including Marbella, Mijas, and Málaga — are enforcing new rules on zoning and rental density. Málaga City, for instance, has temporarily suspended new tourist licences in several “saturated” neighbourhoods.
Buying a property assuming you can short-term holiday-let without verifying all approvals is a risk. Several articles warn of owners being blocked by their community or municipal authority.
Non-compliance or operating without a valid licence or registration may attract hefty fines or listing suspension.
Some properties in multi-unit buildings may be subject to higher community fees if designated for holiday rentals: some homeowners associations now have the power to impose up to a 20% surcharge on community charges for tourist-let units.
Investor Insight
“We’re at the beginning of a shift in demand, as it becomes harder to obtain new licences, investors are turning to legally managed tourist apartments — properties that already meet every regulation and offer guaranteed income. These will likely rise in value as supply tightens.”
Professionally managed resorts already handle all rental activity, maintenance, and compliance.
For owners, that means no need to apply for licences, no community conflicts, and no exposure to future regulation changes.
In short — regulation is now protecting the value of compliant properties, not hurting it.
👉 Discover our current tourist apartment investments.
What Comes Next
As 2026 approaches, the trend is clear:
Authorities are prioritising housing for residents, not tourists.
Communities are becoming stricter about short-term lets.
Legally operated resort apartments are gaining attention as the secure, hands-free investment option.
For buyers seeking stable rental income with peace of mind, this marks a turning point: Compliant tourist apartments are becoming the new standard for safe, long-term investment on the Costa del Sol.
