WEBER ESTATES

What are the new rules for rental property in Fuengirola 2025?

If you are currently looking for property for sale on the Costa del Sol or you already own a home in the area, you may be worried about the recent changes covering properties that are rented out to tourists, and the possibility of further regulations being introduced in the near future.

As real estate agents who both live and work within the municipality of Fuengirola, Weber Estates has been keeping an eye on the news, so we can make you aware of the new laws governing tourist rentals and explain the reasons why they are being imposed in this area.

The following information has been provided by Fuengirola Town Hall:

Independent report finds 9% of property are tourist rentals

At the end of 2024, the Fuengirola Town Hall commissioned a study by independent consultants specialising in housing and planning. The results revealed that incredibly 9% of all homes in the city are used as tourist rental properties, which has put significant stress on the local housing market.

Steps to alleviate the problem have been put in motion:

There has been crackdown on property owners who are not complying with Article 7.1.6. of the General Urban Plan (PGOU) which came into effect in February 2024. This has resulted in cancelling the licences and striking approximately 600 properties from the Regional Register of tourist properties.

Tourist apartments will now be classified as businesses, and as a result will be liable to pay municipal taxes, based on the size of the property.
30% IBI discount will be removed from tourist rental property owners who are registered as living in the city.
Limits have been placed on the number of licences applied for after February 2024.
Continue to identify and cancel licences for owners who contravene the new regulations.

New legislation explained

To provide context, since May 2016, owners who rent out their property to tourist are required to register as a Vivienda Turistica, and failure to comply could result in an 18,000€ fine. In January 2024, the legislation was updated to include further requirements and clarifications. Any property deemed to be ‘habitually’ rented out for periods of less than 2 months, either as a whole or by individual room (with the owner living in the property), will be covered by the new regulations.

The government’s definition of ‘habitually’ is any property that is advertised for rental via travel agencies and online platforms.

Key points of the updated legislation:

When applying for the licence it is no longer necessary (but strongly advised) to provide a First Occupation Licence (FOL). This has been replaced with a declaration stating that the property complies with urban planning regulations (which could require a certificate from an architect). Any inaccuracies or false information will result in cancelation.
Licences will not be given to properties in community where the statute specifically prohibits holiday lets. It necessary to provide a certificate from the Land Registry confirming that the community allows holiday rentals.
Horizontal Property Law: where there are agreement limiting the number of holiday rentals, a majority vote of three fifths of owners must be sought.
The person to apply for the lease must be the one who manages the property, for example bookings, guest registration, listings etc.
Technical specifications
- Minimum surface area and facilities; It is illegal to rent out a property with less than the minimum 14 square metres of surface space per person.
- The minimum number of bathrooms per person is specified as:
  - One for up to four people
  - Two for five to seven people
  - Three for eight people and above
- The property must be fitted with a smoke alarm, air conditioning, heating, first aid kit and 24-hour telephone assistance.
- Specific furniture requirements (in a new annexure of the regulations)

Although some of these steps may seem harsh, it is important to be aware that the Town Hall has clearly stated that they are not declaring war on holiday makers and those who own an investment property that is rented out to tourists. Instead, they are trying to achieve a more sustainable business model that it is fair all parties.

Town Planning Councillor, Rocio Arriaga, explained, that Fuengirola Town Hall is following initiatives already implemented by other Spanish tourist destinations, with the aim of making tourism more sustainable, without impeding the residents’ quality of life.

If you would like more information about property for sale in Fuengirola , whether you are looking for a holiday home in Fuengirola, contemporary apartments for sale in Benalmadena or perhaps you are interested in viewing luxury homes in Marbella, contact Birgitte at [email protected] or call +34 683 391 512.

FAQs

I want to buy an apartment on the Costa del Sol to rent out: do I need a tourist licence?

Yes, if you are renting out a property to tourists in Spain, it is a legal requirement to obtain a tourist licence. The requirements may differ in each autonomous region, but the first step will be to go to the relevant Town Hall and complete the necessary paperwork. You will need to ensure that you fulfil all requirements outlined in our blog and submit the necessary paperwork.

If I buy property for sale on the Costa del Sol with Weber Estates, can you help with the acquisition of a tourist licence if I want to rent out my property?

Whether buying villas in Marbella or property in Fuengirola, Weber Estates can help by recommending a trusted and experienced lawyer who can provide advice and should your property be eligible, they can help you navigate the application process.

Do the new tourist rental laws also apply to long-term rental property on the Costa del Sol?

No, the new tourist rental laws cover only short-term holiday rental properties. Whereas the laws for long-term rental property on the Costa del Sol are governed by the Ley de Arrendamientos Urbanos (LAU) and no special licence is required by law. These properties are generally viewed as the ‘tenants’ primary residence and are covered by a long-term rental contract, with the option to renew annually. Contact Weber Estates to find out more about investment property opportunities on the Costa del Sol.