Short-Term Rentals in Costa del Sol – What Changed on April 3, 2025

Are you planning to buy a property in Costa del Sol to rent it out on Airbnb or Booking?
Then you should definitely understand how Spain’s homeowners’ association law – Ley de Propiedad Horizontal – affects the rights of new owners. An increasing number of communities are using this law to restrict short-term rentals or apply higher community fees to owners who engage in tourist letting.

Ley de Propiedad Horizontal is the legal framework that regulates how homeowners’ associations (HOAs) operate in Spain, along with the rights and responsibilities of apartment owners.

In practice, the decision to allow short-term rentals is made individually for each property during the community’s general meeting.
The HOA’s bylaws must clearly state whether and under what conditions new owners are permitted to offer short-term rentals.
Associations are also now legally allowed to impose up to 20% higher community fees on owners who rent out their properties for short stays.

FAQ: What You Need to Know About Short-Term Rentals in Spain

Does this law affect existing property owners who already offer short-term rentals?

No, it doesn’t. The homeowners’ association (HOA) can vote to ban short-term rentals only for new owners. Existing owners who already offered rentals before the rule change are not affected.

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What should I pay close attention to if I want to buy a property for short-term rental?

Before committing to a property, your buyer’s agent must verify whether short-term rentals are allowed in that specific complex.
We’ve seen multiple cases recently where selling agents assure that short-term rentals are possible, only for the lawyer to discover in the HOA meeting minutes that they are actually prohibited for new owners.
You can’t rely solely on what the seller or owner says. Trust, but verify.
Also, make sure your buyer’s agent includes a clause in the reservation contract that allows you to get your deposit back if the information turns out to be inaccurate.

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How often does the HOA hold meetings where decisions like this are made?

Typically once a year.
If the HOA has voted that new owners need approval by majority vote, you may have to wait until the next general meeting—which could mean several months or nearly a year.

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What percentage of HOA members must agree to allow or ban short-term rentals?

A simple majority of three-fifths (60%) is enough to approve or restrict short-term letting.

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If the seller was allowed to do short-term rentals, can I continue using their permission?

No.
The right to offer short-term rentals does not transfer to the new owner.
Even if the previous owner was renting the property legally, you must obtain your own approval and license.

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Summary: 4 Steps to Start Renting Your Property Short-Term

Step 1 – Verification

Your buyer’s agent must confirm that short-term rentals are currently allowed in the complex.

Step 2 – Property Purchase

Once you’ve purchased the property, you may need to request HOA approval at their next general meeting.

Step 3 – Apply for a Tourist License

Your lawyer will apply for the official tourist rental license (Vivienda con Fines Turísticos – VFT).
Once granted, the VFT number must be displayed in all listings (e.g. Airbnb, Booking).

Step 4 – Launch Your Short-Term Rental

You can now legally offer your property for short-term stays.

Step 5 – Registration in the National Database

According to Royal Decree 1312/2024, which entered into force on January 2, 2025 (and becomes applicable from July 1, 2025), a unified digital registration portal and mandatory data submission requirement is established for all individuals engaged in short-term rental activity.

💡 Note: Costa del Sol continues to experience a shortage of long-term rentals. If you’re looking for stable income with fewer complications, a long-term tenant may be a smart alternative.

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👉 Need help navigating the rules?
Get in touch with us — we’ll help you make an informed decision, avoid surprises, and support you through every step of the buying process.