Good News for Tourist Rentals in Andalusia: Licences Remain Valid After a Property Sale

The Junta de Andalucía has made clear that tourist rental licenses remain valid when property is sold, without the need for additional approval from the Community of Owners. This is a breakthrough for owners, buyers, and investors across the region.

The Andalusian Government has made an important clarification to much relief for property owners and investors in the region. The Junta de Andalucía has officially confirmed that tourist rental licences — which are granted through the Andalusian Tourism Registry (Registro de Turismo de Andalucía) — will remain in force if a property is sold.

In practice, this means that when a registered property is sold, the new owner can instantaneously continue using it as tourist accommodation without the express permission of the Community of Property Owners.

More legal certainty for the owners of property

Earlier, a buyer purchasing a property already registered as a tourist accommodation had to obtain the sanction of the community of property owners. The sanction required the affirmative support of three-fifths of all the owners who had three-fifths of the participation shares — a process that tended to discourage or delay transactions.

But then, following a ruling of the Dirección General de Seguridad Jurídica y Fe Pública (DGSJFP), this perception was reversed. In the opinion of the DGSJFP, the tourist licence is not individual in nature — it belongs to the property, not to the owner. This was a critical difference in bringing to closure an age-old doubt that had been worrying many owners.

A shift of the Junta's position

Despite this judicial interpretation, the Junta de Andalucía had continued to require the approval of the community when the ownership was being transferred. To clarify the contradiction, Pérez de Vargas Abogados submitted official consultations to the regional government requesting that the Junta align its position with the DGSJFP’s ruling.

Their efforts have now produced results. In its official written response, the Junta de Andalucía confirmed:

“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.”

This verification means that the new owner does not just get the property but also the tourist licence already registered, which retains validity and remains in full application.

A welcome development for Andalusia's property and tourism industry

Such a reform brings in more security and ease into property purchases in Andalusia. Buyers can now proceed with confidence that they will be in a place to continue renting out their property as tourist accommodation without further administrative hurdles to cross.

For investors, the option further strengthens Andalusia's position as a secure and attractive holiday rental investment market. It simplifies the purchase process, removes a possible barrier to entry, and allows continued expansion in one of Spain's most dynamic real estate and tourism markets.

This clarification is excellent news for Andalusian property, bringing assurance to future and current owners who desire to operate their properties as holiday rentals. It also highlights the necessity of continued collaboration between regional authorities and legal experts to encourage transparency and trust in real estate investment across the region.

Pia Arrieta, 22 Oct 2025 - News