Applying for a short-term rental licence on the Costa del Sol

What checks and documents are required before applying for a short-term rental licence on the Costa del Sol?

Many investors make the same mistake on the Costa del Sol. They find a well-located apartment, calculate the potential rental income, and assume the next step is simply to apply for a tourist licence (VUT).

In reality, it does not start with the licence.

It starts with one question: whether this specific property can legally obtain a short-term rental licence, i.e. a tourist licence. If you do not verify this before purchasing, you may later discover that the property is suitable for living, but not for your investment strategy.

The most expensive mistake here is not the price. The most expensive mistake is buying a property where the required permits and documentation cannot be obtained.

If your goal is to offer short-term rental services legally on the Costa del Sol, several layers must be checked before purchase.

Some relate to the community of owners, some to the municipality, others to the property’s documentation, and some to national registration. Only once these are in order does it make sense to proceed with registering the tourist licence.

Why can’t you apply for a tourist licence based on the property alone?

A beautiful apartment, a good view, or strong rental potential does not automatically mean the property qualifies for legal short-term rental. The same applies even if the area is popular with tourists. Moving towards an official rental licence depends on several factors at the same time:

• whether the municipality allows short-term rentals in that area;
• whether the community of owners permits short-term rentals;
• whether the property documentation is in order;
• whether the requirements for registering a tourist licence are met;
• whether an NRUA number is required.

This means that before making a purchase decision, an investor should not only ask “do I like this apartment?”, but rather “is my strategy for this property legally feasible?”

Check no. 1 – whether the municipality allows short-term rentals in that area

In Andalusia, the process of obtaining a tourist rental licence (VUT) is closely linked to urban planning compliance. Registration in the tourism registry alone is not sufficient — you must ensure that in that specific building, apartment, and area, short-term rental is permitted under local municipal regulations. In some municipalities, this requires a specific urban planning compatibility certificate (CCU); in others, a different form of confirmation. The principle is simple: if the municipality says no, the process ends there — regardless of what the community of owners allows.

What this means in practice – examples from Málaga and Fuengirola

Málaga city has introduced one of the strictest regulations in Andalusia. In the city centre and in 43 areas where tourist apartments exceed 8% of the housing stock, the issuance of new VUT licences has been suspended for three years. In addition, both Málaga and Fuengirola require that a tourist apartment must have a separate entrance directly from the street — meaning a standard apartment with a shared entrance does not qualify. Fuengirola has gone even further: following a study showing that 9% of the city’s housing stock is used for short-term tourism, the municipality revoked approximately 600 existing tourist rental licences.

For an investor, the message is clear: an attractive location does not automatically mean a licence can be obtained. This is where a deal that looks good on paper differs from an investment that is actually viable.

What should a lawyer verify at this stage:

• whether short-term rentals are permitted in the area and if any restrictions apply (moratoriums, quotas);
• whether the building and the apartment comply with planning regulations;
• whether a CCU (Certificado de Compatibilidad Urbanística – urban planning compatibility certificate) is required;
• whether any additional municipal permits or approvals are needed;
• whether a CNIU (Certificado de No Infracción Urbanística) must be provided — confirming that there are no urban planning violations related to the property.

Check no. 2 – whether the community of owners allows short-term rentals

If short-term rental is permitted at the municipal level, the next step is the community of owners. If the property does not already have a valid tourist licence, the new owner must obtain prior written approval from the community. This requires a 3/5 majority vote at the general meeting — typically held once a year. A positive attitude from the community president alone is not sufficient. Only the official decision of the community is binding.

This is why, before purchase, a lawyer must verify at least the following:

• the community statutes;
• minutes of general meetings from recent years;
• previous decisions regarding short-term rentals;
• whether short-term rentals are already operating in the building;
• whether achieving the required 3/5 approval is realistic.

If it becomes clear that the community opposes short-term rentals or that obtaining sufficient approval is unlikely, there is no point in proceeding further. This is where many buyers lose time and money — they simply start from the wrong place.

Check no. 3 – whether the property documentation is in order

If the community of owners and municipal requirements appear supportive, the next step is to review the property’s own documentation. At this stage, it is verified whether the registry, cadastral, and usage data are aligned, and whether the property has the necessary documentation to support the tourist licence application process.

This typically includes reviewing:

• the Nota Simple (land registry extract);
• the referencia catastral (cadastral reference);
• whether the LPO (first occupancy licence) is available;
• if the LPO is missing, whether there is an alternative acceptable document or urban planning basis;
• whether the actual condition of the property matches the documentation.

If, for example, the cadastral data, registry records, and the actual layout of the property do not align, this can later prevent both the tourist licence application and registration in the national system.

Check no. 4 – what is required for registering a local tourist licence (VUT)?

Once the first three levels are in order, you can move on to the specific steps leading to VUT registration. In Andalusia, this is done through a Declaración Responsable — a declaration in which the owner confirms, under their own responsibility, that all requirements are met. To submit it, a digital signature certificate (certificado digital) is required.

To file the application, you will need:

• details of the owner or authorised manager;
• the property address;
• the referencia catastral (cadastral reference);
• information on the property’s capacity;
• where required, an urban planning basis or other municipal documentation;
• the ability to sign digitally.

It is important to understand that this is not just a formality. This step assumes that all previous checks have already been completed. The Declaración Responsable does not resolve community issues, override municipal restrictions, or compensate for incomplete documentation — it is essentially the second-to-last step.

Check no. 5 – whether you also need an NRUA number

If your goal is to list the property on Airbnb, Booking.com, or similar platforms, a VUT registration alone is not sufficient. In this case, you also need an NRUA — the national rental registry number (Número de Registro Único de Alquiler), which has been mandatory since 2025 for all short-term rentals listed on online platforms.

This means the lawyer must also verify:

• whether the VUT details are correct and up to date;
• in whose name the VUT and NRUA registrations are issued;
• whether a separate update is required in case of a change of ownership;
• whether the VUT and NRUA are correctly linked to the same property.

It is particularly important when the property is purchased with an existing tourist licence. You should not assume that registrations transfer automatically to the new owner — without a separate update, they do not.

The role of a lawyer before purchase

A well-informed buyer does not wait until the notary date is close. They use a lawyer to determine in advance whether it is realistically possible to obtain a short-term rental licence for the property, with stays under 61 days.

A competent lawyer should verify at least the following before a purchase decision:

• the community statutes;
• minutes of general meetings;
• previous decisions of the community;
• urban planning compliance;
• the LPO or other legal basis for occupancy;
• consistency between registry and cadastral records;
• the status of an existing VUT, if applicable;
• the need for or existence of an NRUA;
• the potential risk of the process remaining incomplete.

The purpose of this review is not just to collect documents. The goal is to give the buyer a clear answer: whether your plan for this property is realistic or not.

The most common mistakes before applying for a short-term rental licence

First — the buyer looks at the apartment, but not the community of owners.
Second — the community is checked, but the municipal level is overlooked.
Third — it is assumed that if the property has been rented short-term before or is currently listed on a platform, the new owner can continue in the same way. In reality, this is not the case — existing activity does not prove that the new owner has a legal basis to do so.
Fourth — there is an expectation that documentation discrepancies can be resolved later.
Fifth — the VUT or NRUA process is started before the preliminary checks are completed.

All of these mistakes cost money. Some cost time. In the worst case, they cost the entire investment strategy.

Summary

If you plan to buy property on the Costa del Sol with the goal of legally offering short-term rentals, the correct sequence does not start with the licence. It starts with the checks.

The most effective order is:

• municipal and urban planning verification;
• community of owners verification;
• property documentation review;
• verification of VUT registration requirements;
• NRUA, if the property will be listed on online platforms.

When this sequence is followed, you move forward knowing that you are evaluating the investment not only based on the listing, but on its actual legal feasibility. This is what separates an impulsive purchase from a well-informed investment decision.