As many in the real estate sector are aware, a critical requirement has been in force since April 3, 2025: the express prior consent of the community of property owners must be obtained to operate a property as a holiday rental. This consent mandates the favorable vote of three fifths of all owners, representing three fifths of the participation shares.
To authorize use as a Tourist Rental, a property must be registered in the Andalusian Tourism Registry (Registro de Turismo de Andalucía). Furthermore, registration with the Single Registry of Leases (Registro Único) is typically also required for offering short-term accommodation via online platforms, making both registrations necessary in most instances.
Shift in Licensing Interpretation
A significant development occurred following a disputed qualification in the Registro Único. Last August, the Dirección General de Seguridad Jurídica y Fe Pública (DGSJFP) issued a very important resolution confirming that the tourism license in Andalusia is not personal in nature. This resolution established that the license is intrinsically linked to the property itself, not to the previous owner.
Despite this DGSJFP ruling, the Junta de Andalucía had, in practice, maintained a contrary position in cases involving a change of ownership of an already-registered property. Specifically, it consistently required the submission of:
“A certificate or minutes evidencing the express approval of the community of property owners for the tourist activity, requiring the favourable vote of three fifths of all the owners who, in turn, represent three fifths of the participation shares.”
Favorable Resolution Confirmed
Faced with this regulatory contradiction, PÉREZ DE VARGAS ABOGADOS submitted formal written consultations to the Junta de Andalucía on August 29 and September 25, 2025. The request sought to align the Junta de Andalucía’s practical requirements with the DGSJFP’s legal resolution, thereby affirming that the existing tourist license remains valid and fully in force upon a change of ownership.
We can now confirm receipt of a favorable written response from the Junta de Andalucía. The communication states:
“We apologise for the delay in our response. Indeed, it is no longer necessary to provide the express and valid approval of the Community of Property Owners in cases of a change of ownership involving the transfer of the property.”
Based on this official communication, the Junta de Andalucía has now changed its position. It will no longer require the express approval of the Community of Property Owners in cases of change of ownership that involve the transfer of an already-licensed property.
This update significantly streamlines the acquisition process for buyers intending to maintain the existing tourist rental operations in Andalusia.
