Obtaining a tourist license is an essential step to legally rent a property to visitors and operate safely in one of the most relevant sectors of tourism in Spain. If you want to offer your property as holiday accommodation and comply with all current regulations, understanding the application and licensing process is fundamental.
But where to start and exactly what requirements must you meet? Regulations can vary by province and are subject to periodic updates by the Junta de Andalucía, so it is important to know both the general procedures and the particularities that may apply in each case.
This article is a complete and updated guide on how to obtain your tourist license in Andalusia step by step. First, we will look at the legal requirements and necessary documentation. Then, we will detail the practical aspects you should consider to manage your property without complications and with all guarantees.
First of all, what regulations govern tourist housing or accommodation in Andalusia?
Specific regional regulations
In Andalusia, the regulation of holiday rentals is determined by Decree 28/2016, of February 2, on dwellings for tourism purposes.
This is the main rule regulating this type of accommodation. The most important points regulated in this regional regulation are:
- What is considered a dwelling for tourism purposes.
- Minimum requirements for the property and its equipment.
- Procedure for the responsible declaration and registration in the registry.
- Obligaciones de los titulares o explotadores.
- Control and inspection regime.
It is the basic regulation applicable to the operation of these dwellings in the autonomous community, approved by the Junta de Andalucía. However, some aspects of this law were modified in 2024 by the entry into force of Decree 31/2024, of January 29, which modifies various provisions regarding dwellings for tourism use, tourist apartment establishments, and hotel establishments in the Autonomous Community of Andalusia.
The rule has also undergone modifications by Decree-law 7/2024, of June 25 (which introduces regulatory measures for rationalization and efficient use of water in the tourism sector, mitigation, and adaptation to climate change of tourist destinations in Andalusia) and by Decree-law 1/2025, of February 24, on urgent measures regarding housing.
On the other hand, the regulations relating to tourist apartments (not to be confused with dwellings for tourism use) are developed in Decree 194/2010, of April 20, on tourist apartment establishments.
Regarding dwellings located in rural populations, these must comply with the provisions of Decree 20/2002, of January 29, on Tourism in the Rural Environment and Active Tourism.
General tourism regulations of Andalusia
Additionally, Law 13/2011, of December 23, on Tourism in Andalusia is the general legal framework for the Andalusian tourism sector. It regulates rights and duties of companies and users, inspection, sanctioning regime, and principles of tourism organization. The specific decree for tourist dwellings is developed within this law.
State citizen security regulations
For its part, Royal Decree 933/2021 is the regulation that governs the documentary registry of travelers. It obliges the collection and communication of guest data to police authorities. It affects all tourist accommodations in Spain and is managed through systems enabled by the Ministry of the Interior.
State fiscal regulations
Tourist dwellings are also subject to general Spanish tax regulations, which oblige the declaration of income obtained from the activity to the Tax Agency, according to the tax regime applicable in each case.
Scope of application of the tourist license
Dwellings for tourism purposes (VUT) in Andalusia are properties located on land for residential use that are offered habitually and for profit for short-term stays, being furnished and equipped for immediate use. These properties are marketed or promoted in tourist supply channels, such as agencies, intermediaries, or booking platforms.
This type of accommodation is specifically regulated by the norms approved by the Junta de Andalucía and is formalized through the submission of a responsible declaration and registration in the Tourism Registry of Andalusia (there is no prior license in the strict sense).
On the other hand, tourist apartments are not private homes, but tourist accommodation establishments subject to different regulation. They consist of independent units that include, at a minimum, a living-dining room, kitchen, bedroom, and bathroom for the exclusive use of the client, and are operated commercially under a single ownership, with specific services and tourist classification.
Regarding accommodations located in the rural environment, the classification depends mainly on the type of land and the exploitation model:
- When the property is located on non-developable land or meets rural tourism conditions, it must be registered as a rural house or as a Rural Accommodation Tourist Dwelling (VTAR).
- If the dwelling is on urban or developable residential land and does not meet the requirements for rural accommodation, it may be registered as a dwelling for tourism purposes, provided it complies with the regulations applicable to this modality.
This is not an option of choice for the owner, but a classification determined by the characteristics of the property and its urban location.
Although specific regulation and nomenclature may vary between autonomous communities, in Andalusia dwellings for tourism purposes share these characteristics:
- Temporary transfer of accommodation, normally for continuous periods of less than two months to the same user (longer stays are governed by seasonal rental regulations).
- Immediate availability for occupation, with complete and functional equipment.
- Habitability conditions equivalent to an ordinary dwelling, with furniture and items appropriate to the number of authorized places.
- Marketing in tourist channels, a necessary requirement for the dwelling to have the legal consideration of VUT.
Requirements to obtain the tourist license in Andalusia
Let’s go now to what surely interests you the most. What requirements do you have to meet to be able to get the tourist license in Andalusia and turn your property into a holiday rental?
In general, for a dwelling to be considered a holiday rental in Andalusia, it must:
- Have a minimum built area of primary residential use of 25 square meters, and a minimum of 14 square meters per person.
- Be equipped and ready to be used immediately.
- Be offered in exchange for a price.
- That its habitual use is for tourism purposes.
In addition, the following fundamental requirements are demanded:
- Have an occupation license: This is the document certifying that the dwelling meets the urban and technical conditions necessary to be inhabited (safety, health, accessibility, etc.). Without this administrative accreditation, the property cannot be legally used for tourist accommodation.
- Have direct external ventilation: Rooms must have natural ventilation to the outside to guarantee adequate conditions of habitability and health. The only exception is certain properties protected for their heritage value (classified as Asset of Cultural Interest), where special criteria may apply.
- Equipped dwelling ready for immediate use: The accommodation must be delivered fully furnished and with the necessary equipment for its occupation from the first moment: furniture, appliances, bedding, kitchenware, etc. Furthermore, everything must be proportional to the number of authorized places.
- Have a first aid kit: An accessible first aid kit must exist with basic material to attend to minor incidents (cuts, small wounds, etc.), as a minimum safety measure for guests.
- Provide tourist and service information for the area: Information useful to clients about the environment must be provided: transport, medical centers, shops, leisure, emergencies, or tourist attractions. It can be delivered on paper or in digital format (guide, dossier, QR, etc.).
- Post an informative sign about complaint forms: The dwelling must visibly show that official complaint forms exist and explain how to request them. It is a consumer right and a legal obligation of the accommodation.
- Cleaning between guest stays (before and after each use): Adequate cleaning of the property must be guaranteed before the arrival of each client and after their departure, ensuring optimal hygienic conditions for each new stay.
- Provide emergency contact and instructions for use: The guest must have a telephone or means of contact for urgent incidents, in addition to clear information on the operation of facilities and equipment (appliances, air conditioning, house rules, etc.).
Additionally, the owner or operator of the property must:
- Register the dwelling in the Tourism Registry of Andalusia after obtaining the license.
- Register the travelers who stay.
- Declare activity income to the Tax Agency (Hacienda).
If the dwelling is intended for tourist rental by rooms, specific conditions must be met, including:
- That the dwelling constitutes the habitual residence of the owner.
- That the owner is registered (empadronado) there.
- That coexistence with the accommodated persons is maintained.
In these cases, documentation proving said habitual residence (such as the census certificate/empadronamiento) may be required.
Procedure to obtain the tourist license in Andalusia
The first step to legally start the activity is, once it has been verified that the dwelling meets the required requirements, to submit the responsible declaration of start of activity as a dwelling for tourism purposes before the Junta de Andalucía.
Through this procedure, the titular person declares under their responsibility that the property complies with the applicable tourist, urban, and technical regulations, and that they have the corresponding supporting documentation. The activity can begin from the very moment of its submission, without the need for prior authorization.
The responsible declaration is submitted preferably electronically through the virtual office of the Junta de Andalucía.
Legal entities and other obligated subjects must submit it electronically.
Natural persons can use electronic means (the most common) or, if applicable, the channels enabled by the administration in accordance with administrative procedure regulations.
For online processing, it is necessary to have a digital certificate, electronic DNI, or another valid electronic identification system.
Necessary documentation to apply for the tourist license in Andalusia
To be able to carry out the application and licensing procedure, you will need a series of documents:
- Responsible declaration: The responsible declaration form is a document that you must complete and submit to start the exercise of tourist activity in Andalusia. Here are the step-by-step instructions on how to fill it out. Once complete, you must submit it through the Virtual Office of the Junta de Andalucía. For this, keep in mind that you must have a digital certificate. Here you can see step-by-step instructions on how to get your certificate.
- Registry certification: This is the cadastral reference or certificate of ownership of the dwelling, issued by the Property Registry, indicating that there is no express prohibition by the community of owners to exercise the tourist accommodation activity. Important: For the existence of this type of community agreement to be indicated, you must expressly request it when you process your certificate. The registry certificate can be requested directly at the Property Registry or electronically through the registrars’ association web portal.
Other documents that you may have to provide are:
- Enabling legal title: This document is mandatory only if the person heading the exploitation is not the owner. In this case, you must present the exploitation contract, transfer, commodatum, etc., detailing the period of validity.
- Accreditation of legal representation: If the declaration is submitted by a representative, you will need a document accrediting representation (notary power or proof of proxy). It is not necessary if a digital certificate of a representative of a legal entity is used.
- Census certificate (Certificado de empadronamiento): If you rent the dwelling by rooms, you must submit the census certificate of the owner or head of exploitation.
- Annexes of ownership and representation: If the property is owned by several people, you must present an annex of shared ownership; if the representatives have joint signatures, it is mandatory to have an annex of joint representation.
- Occupation license or certificate of habitability, or equivalent document proving that the dwelling is legally habitable according to urban planning and the project authorized by the city council.
- Title enabling the use of the property (property deed, rental contract with authorization to sublet for tourism purposes, or another valid right).
- Cadastral reference of the property (can be accredited by IBI receipt, cadastral certification, or another official document).
- Data on capacity and characteristics of the dwelling (number of places, rooms, equipment, etc.).
Not all documentation must be compulsorily attached when submitting the declaration, but it must be available for verification by the administration. If you do not submit all the documents along with your responsible declaration, you have up to 10 business days to deliver them from the resolution of your registration. If you miss the deadline, the process to cancel the registration of your dwelling in the Tourism Registry of Andalusia begins.
Inspection of the tourist dwelling
After submitting the responsible declaration, you can start the activity from that very moment, without waiting for prior authorization. However, the tourism administration of the Junta de Andalucía can check at any time that the declared data is true and that the dwelling complies with the applicable regulations.
These verifications can be carried out through:
- Documentary review.
- Information requirements.
- In-person inspections of the property.
The inspection visit is not automatic or mandatory in all cases, but it can be carried out when the administration deems it necessary within its control functions.
The inspection is usually carried out with the presence of the owner of the dwelling or a person duly authorized to represent them.
As a general rule, inspection services can access the accommodation to verify compliance with regulations. However, if the dwelling is occupied and constitutes the temporary home of the guests, the constitutional right to the inviolability of the home applies. Therefore, the consent of the occupants is normally required to enter, or, failing that, a judicial authorization.
This principle applies whether the dwelling is rented in full or if rooms are rented independently: access must always respect the rights of the persons accommodated.
News about the tourist license in Andalusia
In recent years, the regulatory framework for dwellings for tourism use has tightened and is in full transformation, with changes at the state, regional, and European levels.
At a national scale, the Government promoted the mandatory state registry of short-term rentals, promoted by the Ministry of Housing, which requires additional control to be able to advertise accommodation on platforms like Airbnb or Booking.
This measure has generated an institutional conflict with autonomous communities like the Junta de Andalucía, which considers it a duplication of competencies and has appealed it before the Supreme Court, with the support of sector associations such as the Catalan Federation of Tourist Apartments.
Additionally, the European Commission has urged that owners should not have to process more than one mandatory registry, which keeps the uncertainty about the definitive system open.
In the regional sphere, important legislative developments have also occurred. The Draft Bill on Sustainable Tourism introduces a more restrictive model for tourist dwellings, which will have a more demanding registration regime.
In contrast to the traditional system of responsible declaration with automatic registration, it is foreseen that the administration will previously verify compliance with urban planning regulations before authorizing the activity. This implies, in practice, greater administrative control prior to the start of the tourist rental.
Another key aspect is the growing weight of municipal urban planning. The regulations allow city councils to condition the implementation of tourist dwellings on the express compatibility of tourist use with residential use, and even to temporarily suspend new authorizations in areas with pressure on access to housing while they review their urban planning.
The scope of tourism regulation is also extended to new actors, including digital intermediation platforms, and planning instruments such as the Observatory for Tourism Sustainability are created to monitor the impact of tourism.
Added to this is the strengthening of sector control and inspection. The future regional law will toughen the sanctioning regime, with fines that can reach 600,000 euros in the most serious cases, and reinforces the fight against illegal supply through inspection campaigns and specialized units in collaboration with the National Police.
The regulatory trend points to a more regulated model, with higher prior requirements to obtain authorization, more urban control, and a more severe sanctioning system to guarantee compliance with the regulations.
Why is it important to have a tourist license in Andalusia?
As we have seen, the Junta de Andalucía is promoting regulatory reforms that seek to increase control over dwellings for tourism use, greater administrative supervision, and stricter inspection mechanisms.
Furthermore, changes occur in parallel with regulatory adjustments at the state and European levels, with special attention to avoiding duplication of registries and ensuring effective control of the activity, in line with European Commission guidelines.
Among the main novelties, the trend toward a more demanding authorization system for tourist dwellings stands out, with greater prior verification of urban compliance and more capacity for city councils to limit or suspend new licenses in certain areas.
The sanctioning regime has also been toughened, and inspection campaigns have been intensified to combat illegal supply, with fines that can reach very high amounts in the most serious cases.
In this scenario, operating without a license or failing to comply with legal requirements can have significant consequences, such as significant financial sanctions, the closure of the activity, or the impossibility of advertising the dwelling on tourist rental platforms. Therefore, obtaining correctly the license and complying with all administrative and urban requirements is today more important than ever to be able to rent with legal certainty in Andalusia.
Frequently asked questions
What is the price of a tourist license in Andalusia?
The procedure to obtain a tourist license in Andalusia is completely free. In any case, it is common to hire professional advice from lawyers, consultants, or specialists in tourism regulation to face this process with greater security and probability of success.
This advisory or management service does entail the payment of fees, but the cost depends on factors such as the specific municipality where the license is sought, the previous conditions of the property, or the prestige of the firm.
How long does it take to grant a tourist license in Andalusia?
The application for a tourist license in Andalusia, and the granting, if applicable, of the corresponding VUT code, is usually resolved and notified within a period of between 15 and 30 days.
Can I find out if a flat has a tourist license in Andalusia?
To find out if a property is registered as a tourist rental, you can perform a query in the Tourism Registry in the Search engine for Tourist Establishments and Services. For this, the registration number, the commercial name, the address of the dwelling, or the owner’s data (name or NIF) is required.
