If you rent or are planning to rent your property on a short-term basis in Marbella or anywhere along the Costa del Sol, you need to understand the regulations on tourist licences in Andalusia. Operating without one is not an option: fines are substantial and platforms like Airbnb and Booking.com now require a valid registration number before accepting a listing.
1. What is a Tourist Use Dwelling (VUT)?
A Vivienda de Uso Turístico (VUT) — or Tourist Use Dwelling — is any residential property that is regularly let to third parties for payment for tourism purposes. The key factors are regularity and the marketing channel used: if your property is listed on digital platforms such as Airbnb, Vrbo or Booking.com, Andalusian regulations automatically classify it as a VUT, regardless of how many nights per year it is rented out.
For a property to be classified as a VUT, the rental must cover the entire dwelling (not individual rooms) and must be for periods of less than two consecutive months for the same guest.
2. Legal framework: Decree 28/2016 and the 2024–2026 updates
The legal foundation in Andalusia is Decree 28/2016, of 2 February, on dwellings for tourist purposes. This decree establishes the obligation to register with the Andalusian Tourism Registry (RTA — Registro de Turismo de Andalucía) before commencing any rental activity.
Since then, the regulatory landscape has evolved significantly:
- Royal Decree 1312/2024: The central government approved a national framework requiring local councils to create unified short-term rental registers and obliging digital platforms to verify licences before publishing listings.
- Municipal limitations: Municipalities such as Marbella have approved or are considering urban planning measures that cap the number of licences in high-density tourist areas, making early action more important than ever.
- Display obligation: Your RTA registration number must appear in all listings and be displayed visibly inside the property for guests.
"Registering your property is not optional red tape — it is the first step in protecting your investment and operating with complete legal peace of mind."
3. Who needs a tourist licence?
Any owner or rights holder who makes their property available for tourism through any commercial channel — digital or otherwise — must be registered with the RTA. This includes:
- Owners who rent directly through their own website or by personal recommendation.
- Owners who use platforms such as Airbnb, Booking.com, Vrbo or HomeAway.
- Owners who delegate management to a property management company: the licence remains the legal responsibility of the property owner.
- Owners' communities that let common elements for tourist purposes.
4. Step-by-step registration process
Registration with the Andalusian Tourism Registry is carried out via a responsible declaration (declaración responsable), which means there is no prior administrative resolution: you may begin your rental activity as soon as you submit the documentation, although the registration number itself may take a few days to be issued.
- Step 1 — Gather your documents: Prepare all required documentation (see the next section) before starting the process.
- Step 2 — Access the electronic portal: The process is completed through the Junta de Andalucía's electronic office using a digital certificate or Cl@ve credentials.
- Step 3 — Submit the responsible declaration: Complete the official form from the regional tourism authority and attach all required documents.
- Step 4 — Receive your RTA number: You will receive your Andalusian Tourism Registry number electronically (format: VFT/MA/XXXXX).
- Step 5 — Display your number: Include the RTA code in all listings and display it visibly within the property.
5. Required documentation
To submit the responsible declaration you will need:
- Habitation certificate (cédula de habitabilidad) or first occupation licence, in force.
- The property's cadastral reference number.
- Owner or rights holder identification (DNI/NIE/Passport).
- Description of the property: floor area, number of bedrooms and maximum guest capacity.
- Public liability insurance covering tourist activity (not mandatory in all cases, but strongly recommended).
- In some municipalities: a technical suitability certificate or floor plan of the property.
6. Timescales and costs
One of the advantages of the responsible declaration system is its speed: in practice, the RTA registration number is typically issued within 5 to 15 working days of submitting a complete and correct application, though timescales can vary depending on the regional authority's workload.
In terms of costs, the administrative fee for RTA registration is modest. However, you should also budget for additional expenses such as obtaining or renewing the habitation certificate if it has expired, any adaptations needed to meet the decree's minimum standards (fire extinguisher, first aid kit, local tourist information), and the cost of taking out public liability insurance.
7. Penalties for operating without a licence
Andalusia's Tourism Act classifies infringements into three categories with the following fine ranges:
- Minor infringements: up to €2,000. These include formal defects such as failing to display the RTA number in your listing.
- Serious infringements: from €2,001 to €18,000. This category includes failing to register before commencing rental activity.
- Very serious infringements: from €18,001 to €150,000. These include repeat offences, document fraud or obstruction of an inspection.
Beyond financial penalties, operating without a licence can result in the removal of your listing from platforms, an obligation to repay undeclared income to the tax authorities, and in extreme cases, a precautionary suspension of your rental activity.
Conclusion: Professional management as a compliance guarantee
Obtaining and maintaining a valid tourist licence is not merely a legal obligation — it is the foundation on which a sustainable and profitable holiday rental business is built. With regulations constantly evolving, our professional management services are the most effective way to ensure your property always meets every current legal requirement, without you having to worry about the administrative burden.
At Vellum Costa, we guide our owners through the registration process, review all documentation for completeness, and keep up to date with every regulatory change to safeguard your investment.
Need help with the tourist licence for your property?
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