Airbnb Rules in Spain 2026: The Andalusia Holiday Let Law, Explained for Owners

Short version: if you let a property to tourists in Andalusia, it must be registered as a VUT (vivienda de uso turístico) with the Junta de Andalucía before you take a single booking. Advertising an unregistered home is a serious infringement. Below are the actual rules, taken from the consolidated Decreto 28/2016 as amended by Decreto 31/2024 — not a summary of a summary.

We are Torremolinos Gestión Vacacional. We handle this paperwork for owners every week, and we do the licence application free of charge for properties we manage. 15% commission, no lock-in, no exclusivity. 5.0★ on Google.

The law that applies (and the 2024 change that caught owners out)

Holiday lets in Andalusia are governed by Decreto 28/2016, of 2 February, on viviendas de uso turístico, issued under the Ley 13/2011 del Turismo de Andalucía. It has since been amended by:

a Supreme Court ruling of 21 October 2019;
Decreto 31/2024, of 29 January (BOJA no. 24, 2 February 2024) — in force since 22 February 2024. This is the big one;
Decreto-ley 7/2024, of 25 June, on efficient water use in the tourism sector.

Your licence code changed: VFT is now VUT

Since the 2024 decree, registration numbers that read VFT/MA/00000 now read VUT/MA/00000. The Junta revalidated these automatically — you do not need to re-apply. But you do need to change the letters from VFT to VUT in your adverts and on every portal where you list the property. Most owners we speak to still have “VFT” on their Airbnb listing.

Does your property even count as a VUT?

A VUT is a furnished, immediately habitable home offered for a price, on a regular basis, for tourism, anywhere in Andalusia. Tourist purpose is presumed the moment you list on a booking channel — Airbnb, Booking, Vrbo, a travel agency, or anything with a reservation button.

These are outside the rules (no VUT needed):

Homes lent for free — no money changes hands.
Lets of more than two continuous months to the same tenant. This is the line between a holiday let and a seasonal rental.
Rural properties (different regime: Decreto 20/2002).
Tourist apartment establishments of the “conjunto” group (Decreto 194/2010).

These can never be a VUT:

Subsidised/protected housing (vivienda protegida) — not whole, not by rooms.
Properties in a building whose community statutes expressly ban tourist accommodation. Check your título constitutivo before you spend a euro.
Homes classed as asimilado a fuera de ordenación, unless the council authorises the change of use.

Two more things owners underestimate: councils can cap the number of VUTs per building, area or zone, provided the criteria are clear, objective and published in advance. And only one dwelling per cadastral reference may be registered, unless you can prove two or more legally exist under it.

Registration: the declaración responsable

There is no “licence” you wait months for. You file an electronic declaración responsable with the regional tourism department, declaring you meet the requirements. You may advertise from that moment. You will need a digital certificate to file it.

The declaration must include, as a minimum:

The property, its cadastral reference and maximum capacity.
The operator (person or company) and the legal title that entitles them to operate, with phone and email for electronic notifications.
The owner, if different from the operator.
A statement that the home is not protected housing.
A statement that it complies with urban planning rules.
Express consent for data sharing between authorities — including police and the tax office.
A statement that the community statutes do not prohibit tourist use.
The operating periods.

Get any essential item wrong or false and the Junta cancels your entry in the Registro de Turismo de Andalucía. Same if the licences required by other rules — planning above all — don’t exist.

Operating periods: the rule that quietly bites

Since 2024 you must declare when you operate. Say nothing and you are deemed to operate all year. You may only market the property inside the declared periods — trading outside them counts as clandestine activity. Your advertising and availability calendar must match what you declared. If your periods change, the new form replaces the old one entirely, so re-declare every period you want.

Capacity: the maths that decides your income

14 m² of built floor area per guest, per the Cadastre — not what the tape measure says.
Minimum 25 m² built, or whatever the local plan demands.
Maximum 15 guests for a whole-home VUT; 6 if letting by rooms.
Maximum 4 per bedroom, of which at least 2 must be in non-bunk beds.
Two convertible places are allowed in the lounge of a whole-home VUT — they count towards the maximum.
2 bathrooms if over 5 guests. 3 bathrooms if over 8.

Letting by rooms has a catch: the owner, usufructuary or operator must live there and be registered on the padrón at that address.

What the property must physically have

Climate control — tied to your declared season

Operating in May, June, July or August → cooling is mandatory in bedrooms and lounges.
Operating in December, January, February or March → heating is mandatory.
Fixed or portable both count. Incandescent or fuel-burning heaters are banned.

Kitchen

At least two hobs, an oven or microwave, and a fridge.
Utensils matching capacity: crockery, cutlery, glassware, pans, pots, serving cutlery, corkscrew, bottle opener, scissors, tin opener, colander.
Small appliances: blender, toaster or grill, juicer, coffee maker.
Storage furniture. Cleaning kit: scourer, cloths, cleaning gel, bin bags.
Drying rack, iron and ironing board.
Waste separation for recycling.

Bedrooms

Beds at least 80 × 190 cm single, 135 × 190 cm double.
Mattresses at least 18 cm thick, in good condition, evenly firm.
A wardrobe or clothes space per four guests, with enough hangers.
A light point next to the bed.
Bed linen, blankets or duvets and pillows in good condition — plus one spare set.
Direct ventilation to outside or a ventilated patio, and a means of darkening the windows.

Safety

A smoke detector.
A fire extinguisher.
An evacuation plan on the door, where the building has one.

What you must do, every single booking

Provide a 24-hour phone number for guests to reach a human about any issue.
Clean the property between guests, on entry and exit.
Keep the Junta’s official complaint forms (Hojas de Quejas y Reclamaciones) on site, with the notice displayed visibly.
Inform guests of community rules, restricted areas, pets and smoking policy, where the bins go, and local noise rules.
Issue proof of payment showing operator, property, RTA registration code, guest, number of guests, dates, price and payment date.
Register guests with the police and keep the records.

One useful right, often forgotten: if guests break the rules of the house or basic rules of coexistence, you can refuse to let them stay and require them to leave within 24 hours, and you can call on the police to remove them.

What happens if you don’t comply

Operating without filing the declaración responsable is clandestine activity — expressly classed as a serious infringement under article 71.1 of the Ley 13/2011. Tourism inspectors have powers under the Decreto 144/2003, penalties sit in Title VIII of the Ley 13/2011, and the Junta shares data with the police and the tax authorities because you consented to it in your own declaration.

In plain English: your Airbnb listing is a public advert, your registration is a public record, and the two are trivially easy to cross-check.

If you’d rather not do any of this

When a management company runs the accommodation service — key handover, guest reception, in-stay support, maintenance, cleaning on entry and exit, invoicing — the law treats that company as the operator, and it must file to become the registered holder of the exploitation. That is exactly what we do at Torremolinos Gestión Vacacional, and it moves the compliance burden off you.

VUT registration handled free for properties we manage.
15% commission, no sign-up fee, no lock-in, no exclusivity.
Police guest registration, complaint forms, 24/7 phone line — all covered.
On the ground in under 10 minutes across Torremolinos and Benalmádena.
5.0★ on Google.

Ask us about your property on WhatsApp — or email info@gestion-apartamentos-turisticos-torremolinos.com. Free, no-obligation assessment of whether your home qualifies and what it would earn.

Frequently asked

Is Airbnb legal in Spain?

Yes — provided the property is registered. Spain devolves tourism to the regions, so the rules are regional. In Andalusia that means a VUT registration under Decreto 28/2016 as amended by Decreto 31/2024. Renting without it is not a grey area; it is a serious infringement.

Can my neighbours stop me?

If the community’s constituent title or statutes expressly prohibit tourist accommodation, the property cannot be a VUT. Check before you buy or invest.

How many guests can I take?

Divide your Cadastre built area by 14. Cap it at 15 for a whole home, 6 by rooms, 4 per bedroom. Over 5 guests you need a second bathroom; over 8, a third.

Do I need a VUT for a long let?

No. Lets over two continuous months to the same tenant fall outside the decree.

My licence says VFT. Is it still valid?

Yes. VFT codes were automatically revalidated as VUT. You don’t re-apply — you just update the letters in your adverts and listings.

This page summarises the consolidated text of Decreto 28/2016 (as amended by Decreto 31/2024 and Decreto-ley 7/2024) and official Junta de Andalucía guidance, current as of July 2026. It is general information, not legal advice. Rules change and councils add their own limits — check your specific case with us or with a lawyer before committing.

Airbnb Rules in Spain 2026: Andalusia Holiday Let Law (VUT)