Headlines talk about "the end of holiday flats in Málaga". The reality is more nuanced — and understanding it can be the difference between losing income and making the right call for your property. We have checked every rule against its official source (BOE, BOJA and Málaga City Council) to explain what has actually changed.
Note: this article is for information only and reflects rules published as of October 2026. It is not legal advice for your specific case.
1. Andalusia: Decree 31/2024 (BOJA)
Decree 31/2024 of 29 January, published in BOJA no. 24 on 2 February 2024, amended Andalusia's rules for tourist homes (VUT). It tightened quality and equipment requirements and opened the door for councils to limit the activity.
What it means for you: if you already hold a licence, check that your property meets the updated requirements. A failed inspection can lead to fines or removal from the Andalusian Tourism Register.
2. Andalusia: Decree-law 1/2025 on urgent housing measures
Decree-law 1/2025 of 24 February, on urgent housing measures, allows councils (article 6) to suspend new tourist homes while they amend their urban plan. This is the legal basis Málaga has used.
3. Málaga city: new VUT suspended since 23 August 2025
According to the official Málaga City Council statement, the Local Government Board agreed on 14 August 2025 to start amending the urban plan (PGOU) to regulate residential and tourist use. At the same time, new tourist homes were suspended across the whole municipality from 23 August 2025, for up to three years or until the new rules are approved.
Earlier, on 29 May 2025, the City Council plenary had definitively approved a PGOU amendment to limit VUT in saturated areas.
Myth vs. reality
- Myth: "All tourist licences will be cancelled."
- Reality: the suspension covers new tourist homes. The council statement does not describe existing, legally registered homes as affected — although they must keep meeting every requirement.
- Myth: "The whole Costa del Sol follows Málaga city."
- Reality: each municipality (Marbella, Torremolinos, Nerja, Benalmádena…) sets its own measures. You need to check town by town.
4. Spain: the Single Rental Registry (BOE)
Royal Decree 1312/2024 of 23 December (BOE no. 309, 24 December 2024, ref. BOE-A-2024-26931) created the Single Rental Registry and the Digital Single Rental Window. It sets out obligations for hosts (article 5) and for platforms such as Airbnb or Booking (article 6), which must verify the registration number.
What it means for you: on top of your regional licence (VUT/MA/…), your listings need the national registration number. Without it, platforms can take your listing down.
5. Owners' associations: the 3/5 majority (BOE)
Article 17.12 of the Horizontal Property Law 49/1960 was amended by Organic Law 1/2025 of 2 January, effective 3 April 2025. Since then, starting a new tourist rental in a building requires approval by three fifths of owners and shares. With the same majority, the community can limit, condition or ban the activity, and increase the common charges paid by those homes.
What it means for you: before buying for holiday rental, check the building's statutes and meeting minutes. It is one of the checks I always do before recommending a purchase.
6. What are your options as an owner?
If you already hold a licence
Your licence is now scarcer — and therefore more valuable. Keeping it means strict compliance: guest registration, the national registry number, Decree 31/2024 requirements and good relations with neighbours. Casa Ivy handles all of that for you, with plans from 18% (Basic) and 25% (Premium) + VAT.
If you have no licence in Málaga city
While the suspension lasts you cannot register a new VUT. You can consider mid-term (seasonal) rental or long-term rental, which have different rules and tax treatment.
If you are thinking of selling
With tourist supply restricted, well-located homes with a valid licence can attract investors. As well as managing properties, I now also work as an estate agent: I can give you a free valuation and guide you through the whole sale. And if you are buying, I can help you find, renovate, furnish, rent and — when the time comes — sell. All through one person.
Shall we talk about your property?
Answer 3 quick questions and I will tell you which option suits you best:
Or message me on WhatsApp or email hello@casaivygroup.com.