
Many foreign homeowners in Spain, especially in Marbella, Estepona, and Málaga, choose to rent out their properties to generate income. But with new national and regional laws coming into effect in 2025, it’s more important than ever to understand the difference between short-term tourist rentals and long-term lets – and the legal implications of each.
In this article, we break down what every property owner should know about Spain’s new rental framework and how to stay compliant while protecting your investment.
Short-Term vs. Long-Term Rentals
Spanish law distinguishes between tourist rentals and residential rentals:
- Short-term rentals (Viviendas Turísticas): Rentals of less than two months. These require a tourist license, local approval, and – from 2025 – a national registration number that must appear in all listings (Airbnb, Booking, etc.).
- Long-term rentals (Arrendamiento de Vivienda Habitual): Rentals exceeding two months, intended for permanent residence. These are regulated under the LAU (Ley de Arrendamientos Urbanos) and generally give tenants a five-year right of occupation if the property is their primary home.
New Rental Laws in 2025 – What’s Changing
- Community approval required
As of April 2025, at least three-fifths (3/5) of property owners in a comunidad de propietarios must vote in favor of allowing tourist rentals. If no such approval is granted, short-term rentals are automatically prohibited. - National Register for Tourist Housing
From July 2025, all properties used for tourist rentals must be registered in a national database, and registration numbers must appear in all advertisements. - Stronger enforcement and fines
Regional governments have already begun removing thousands of illegal holiday rentals – with over 50,000 unlicensed tourist properties in Andalusia taken down in 2025 alone.
What This Means for Property Owners
If you own a home on the Costa del Sol, these new measures mean you must:
✅ Verify that your community of owners allows short-term rentals.
✅ Obtain or renew your tourist rental license.
✅ Display your registration number in every listing.
✅ Use legally compliant contracts for long-term tenants.
Many owners are now shifting from tourist rentals to mid- or long-term lets. While these are often less profitable, they offer greater legal security and more predictable income.
Nook Homes Tips for a Smooth Rental Experience
- Check your community’s bylaws before advertising your property.
- Confirm local regulations in your municipality – each city applies rules differently.
- Always consult a lawyer for contract drafting and legal compliance.
- Consider a 6–11 month rental period as a balanced approach between short-term flexibility and legal security.
Conclusion
Spain’s 2025 rental reforms mark a turning point toward sustainable tourism and fair housing access. For property owners, understanding the rules is key to avoiding fines and ensuring a stress-free rental experience.
Whether you’re renting out a beachfront apartment in Marbella or an urban flat in Málaga, being compliant will protect both your property and your profits.
👉 Need help navigating Spain’s rental laws or finding the right rental strategy?
Contact us at nookhomes.es — we’ll guide you every step of the way.
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