What is important to know about Spanish housing regulations?

More and more people are coming to Manzanares Lawyers to learn about the laws on renting out property in Spain. After all, it’s the sensible thing to do when looking to purchase or rent a Spanish property – housing laws in Spain could be very different to your home country.

People are normally interested in understanding these regulations if they’re looking to purchase a property to not only use as a holiday home for themselves, but also to rent out to regular tenants or let to holidaymakers throughout the year.

This is a decision that’s growing in popularity every year, which is why we’re here to give you more information on Spanish property law, so you can make a well-informed decision on what to do next.

Location is crucial

As with many Spanish laws, housing laws change to varying degrees throughout the country. There are 17 regions in Spain, all with slightly different regulations, which can make things confusing if you don’t research beforehand. It’s important to trust solicitors in Spain that specialise in your chosen area.

For example, in Madrid, holiday rentals must be a minimum of 5 days and provide free Wi-Fi. While in the Canary Islands, residential communities must pre-approve property letting.  Single-room occupancy is also illegal throughout many parts of Spain.

Here at Manzanares Lawyers, we specialise in the housing regulations of Andalucía, so if you’re looking to buy a property in this region – in particular in the Costa Del Sol – you have come to the right place.

House letting laws in Andalusia

Andalucía, anglicised as Andalusia, is an autonomous region in southern Spain which introduced a change in holiday rental regulations in 2016. These stricter laws are designed to protect landlords, holidaymakers, and the reputation of the region.

Decree 28/2016 applies to any private individual intending to use a property they own for short-term rentals of up to 60 nights. Countryside properties are exempt from this decree as they are covered by the separate Casa Rural regulations (Decree 20/2002). Long-term rentals over 2 months are also not subject to this legislation as the Urban Tenancy Act applies instead.

Property owners in Andalusia can rent out their property to holidaymakers for 1-60 nights if the capacity is no more than 15 people or 4 people per room, but they must first register for a VFL (viviendas con fines turísticos) number. This legal registration number confirms that the property is compliant with all the laws required to legally rent out a home in the region.

Obtaining this number is compulsory, as you won’t be able to legally advertise your property on holiday letting websites without one. Within a few months of applying, your property will be inspected to ensure everything complies with the relevant regulations. If you pass the inspection, you’ll be issued a VFL number.

If you fail to comply with the holiday rental laws of Andalusia, you could receive a fine of at least 2,000€. For more serious or repeated offences, fines can go up to 18,000€ in addition to the premises being temporarily shut down and your rental licence being revoked. It’s not worth the trouble and expense – trust solicitors like Manzanares lawyers to keep your property rentals in line and avoid legal penalties.

Looking to rent out your property to tourists in Andalusia?

To first receive a VFL number and then to keep it throughout your period of business, you’ll have to dot every ‘i’ and cross every ‘t’. These are the legal requirements you must meet to be able to rent out your home in Andalusia:

Properties built after 1986 must have a 1st Occupancy Licence to prove they were built legally

⁍ All properties must have a valid up-to-date energy efficiency certificate

Rentals between May and September must have fixed air-conditioning equipment in living areas and bedrooms

Rentals between October and April must have a fitted heating system maintaining a temperature of 19°C

⁍ All bedrooms must have ventilation directly to the exterior of the property

⁍ All windows and doors must have curtains/blinds/shutters capable of blocking light

⁍ The property must be sufficiently furnished for the maximum occupancy and provide an adequate number of items such as plates and cutlery

⁍ You must also provide enough bed linen and towels for all the guests staying, plus one extra set

⁍ You must register guest details with the local authorities within 24 hours of their arrival, including each person’s name, nationality, date of birth, and passport number

⁍ Property owners must provide a local phone number so that guests can contact the property manager if any issues arise

⁍ You must provide safety and instruction manuals on how to use all appliances and set out terms of use such as no smoking or pets in the property

⁍ There must be a medical first aid kit available on the property

⁍ The property owner must provide printed or digital literature with local information such as a map of the area and details about shops, bars and restaurants, parking, public transport, medical centres, and tourist attractions

⁍ There must be a clearly advertised complaints form readily available should guests need it

⁍ Between each stay there should be a thorough changeover cleaning service after the previous guests leave and before the next guests arrive

This may seem like a lot to handle, but with our expert guidance, you’ll soon be managing successful holiday rentals in Spain and enjoying the profits. 

How can Manzanares Lawyers help?

As you can see, there are some key considerations when looking to rent out property in Spain. If you require any assistance to ensure that your property meets all the required standards, then our conveyancing in Marbella service can help. With our many years of experience in the field, we give you peace of mind that your transactions are legal so you can get the most out of your property.

Do you have any more questions about Spanish housing regulations before you rent out a property in Spain? If so, the experienced and specialist legal team at Manzanares Lawyers, the reputable law firm in Marbella, is here to assist.

To get in touch with us and start proceedings today, simply fill out our online enquiry form or email us at clientservices@manzanareslawyers.com. Or, to contact us directly in Spain, call one of the following numbers to be put through to the relevant office.

Leave a comment


English speaking lawyers in Spain

What are your legal obligations as a foreigner in Spain?

When you move to a different country as a foreigner, whether temporarily or to become a long-term resident, there are … Read more

spain immigration lawyers most popular country for uk nationals eu

What is the most popular country for UK nationals living in the EU?

Here at Manzanares Lawyers, we have helped plenty of people from all around the world to become legal residents in … Read more

non resident tax spain remote workers

How much tax do remote workers have to pay in Spain?

Ever since digital nomad visas were announced in Spain to attract remote workers, one of the main proposed incentives was … Read more

non resident tax Spain

The best cities in Spain – and the world – for expats

Moving to a different country is sure to be a big upheaval for anyone, but it can also be incredibly … Read more

Do you have to pay tax in Spain as a non-tax resident if you don't work?

Do you have to pay tax in Spain if you don’t work?

Just like residents in most countries around the world, residents in Spain have to pay taxes to the Spanish government … Read more

non-resident tax Spain IBI surcharge

What is the ‘empty property tax’ in Spain?

With many homes in Spain standing vacant and access to affordable housing being a key social issue, the Spanish government … Read more

ETIAS non-resident Spain

How will the ETIAS affect foreigners who own property in Spain?

The EU is planning to implement new IT systems for better monitoring of travel within the Schengen Area, meaning non-EU … Read more

non resident tax Spain

What is the Special Tax Regime in Spain?

Maybe you have heard of Beckham’s Law before – a special Spanish tax law that was initially created for the … Read more

Spain immigration lawyers - top countries for expats and remote workers

Spain is a Top 2 country for expats and remote workers

Daydreaming about starting a new life somewhere welcoming and sunny? Whether you want to pursue training or education you can’t … Read more

difference between an NIE and TIE

What’s the difference between an NIE and TIE card?

If you’re planning to move to Spain and stay for more than 90 days, you’re going to need to register … Read more

IBI tax Spain

IBI: Who has to pay property tax in Spain?

When buying property or earning income in any country, it’s vital to know about tax liabilities, whether you’re counted as … Read more

How to file 2022 tax returns in Spain

The annual campaign for income tax returns has begun in Spain, with 11th April 2023 marking the start of the … Read more

Spain visa

What happens if you stay in Spain for more than 90 days?

Spain is one of the most popular destinations for visitors from around the world, with over 100 million people visiting … Read more

Spanish wealth tax

Do non-residents have to pay Wealth Tax in Spain?

Many foreigners are unsure about whether or not they have to pay income tax or property tax in Spain, especially … Read more

digital nomad visa tax benefits

What are the tax benefits of Spain’s digital nomad visa?

The Spanish government has teased the introduction of a ‘digital nomad visa’ for over a year as part of the … Read more

spain immigration reform 2022

How did Spanish immigration laws change in 2022?

Obtaining the right permits to live, work, and study in Spain has been a slow and complicated ordeal for many … Read more

popular places foreigner Spanish real estate investment

Popular places for foreigners to invest in Spanish real estate in 2022

More foreigners than ever are buying homes in Spain, fuelling consistent growth in the Spanish housing market. In the first … Read more

Spanish Golden Visas still a top choice for international investors in 2022

Since the programme launched in 2013, the Spanish Golden Visa has remained one of the top choices for residency by … Read more

Ibiza lawyers fines

7 Spanish laws you should know before going to Ibiza

Spanish fines you should know about before going to Ibiza The idyllic island of Ibiza draws millions of tourists, visitors, … Read more

Ibiza Spanish visa

Thinking about living in Ibiza as a digital nomad?

Moving to Ibiza as a digital nomad Working remotely wasn’t an entirely new concept, but when COVID-19 shut everything down … Read more

Spanish residence vs Spanish citizenship

Spanish Residency vs Spanish Citizenship

Spanish residency vs Spanish citizenship: What’s the difference? As you probably know, you don’t have to be a Spanish national … Read more

best places to live in Spain

16 of the best places to live in Spain

If you’ve been dreaming about moving to Spain, or even just buying a second home there to spend holidays in … Read more

Spanish Golden Visa guide

The dos and don’ts of getting a Spanish Golden Visa

For those with sufficient disposable income, the Spanish Golden Visa programme is a great option for gaining legal residency in … Read more

immigrate to Spain

7 reasons to immigrate to Spain

7 reasons to immigrate to Spain Who hasn’t dreamed about spending endless days in the sun, surrounded by beautiful nature … Read more

brexit spanish golden visa

Can Brits still buy holiday homes in Spain after Brexit?

Second homes & Golden Visas: Can Brits buy holiday homes in Spain after Brexit? When Britain officially left the European … Read more

Who inherits the most from Spanish inheritance law

Who inherits the most from Spanish inheritance law?

Of course, the subject of inheritance is one that many want to avoid, as after all, it is centred around … Read more

Why renegotiating your Spanish property might be necessary

Why renegotiating your Spanish property might be necessary

Do you feel like your financial position has changed significantly enough that you cannot keep on top of your current … Read more

How does Spanish inheritance tax differ from the UK

How does Spanish inheritance tax differ from the UK?

Inheritance is never a topic that people want to dwell on. But if you’re spending your retirement years in a … Read more

spanish lawyer that speaks your language

Why is it important to hire a lawyer that speaks your language?

We can imagine that the last thing you will want to encounter is important legal negotiations with someone who doesn’t … Read more

off-plan property in Spain

Buying an off-plan Spanish property: A risk worth taking?

Building your own off plan property in Spain is the dream of many, right? After all, the gorgeous weather, friendly … Read more

spanish housing regulations

What is important to know about Spanish housing regulations?

More and more people are coming to Manzanares Lawyers to learn about the laws on renting out property in Spain. … Read more

All you need to know about Spanish property conveyancing

All you need to know about Spanish property conveyancing

When purchasing a property in Spain for the first time, it is highly likely that you are going to want … Read more

why write a spanish will

Why should you make a Spanish Will?

The subject of making a will is one that many shy away from talking about and for good reason! No … Read more



SOURCE: SPANISH REAL ESTATE MAGAZINE 06/05/2019 Licenses for building new property increased 10.4% in February, when 9.168 licenses were granted … Read more






SOURCE: SPANISH REAL ESTATE MAGAZINE 07/05/2019 Four Seasons lands on the Mediterranean sea in the entrance of Marbella, hand in … Read more

Property prices increase for the first time in six years

Property prices increase for the first time in six years

According to the Second hand property sale price index (IPVVR in Spanish), which is produced by the Land Registry using … Read more

Spain Flag

“Spain is back”

JPMorgan states on its last report: “Spain is back”. The American company increases the 2014 GDP forecast for Spain, encouraging … Read more

Málaga airport hit last august a record in number of visitors

Málaga airport hit last august a record in number of visitors

For Malaga airport, last August was the month with the highest number of users of its history, with 1,680,707 passengers, … Read more

Spanish Golden Visa

Main benefits from recent “Golden Visa” in Spain

After Law 14/2013, dated 27th of September, went into force, a significant number of applications for “visa” or residency in Spain … Read more

European Justice ruled against Spanish Inheritance Tax

European Justice ruled against Spanish Inheritance Tax

In recent declarations raised, European courts declared that Spanish Inheritance and Donation Tax partly breaks European Union regulations. Luxembourg Court ruled on 3rd of September 2014 that this … Read more

Call Now Button