LEGALIZING HOLIDAY RENTALS IN ANDALUSIA 2026

Decree 28/2016, of February 2, which regulates housing for tourist use in the Community of Andalusia.

Furthermore, as of April 3, 2025, it is mandatory to provide express approval from the community of neighbors. I explain here the reason for this.

Therefore, the first thing you will need is that express approval, which must be granted in a neighborhood meeting by at least 3/5 of the neighbors. If your property does not belong to a community of neighbors, it is NOT necessary.

In addition, once all this documentation is filed in the Tourism Registry of Andalusia, it is communicated to the corresponding City Council. Therefore, you will also have to comply with the urban planning limitations of your local council.

Upon receiving said communication, City Councils inform the owner of various requirements depending on the municipality (Prior Communication of Opening, Change of Use of the dwelling, etc.).

In other words, each City Council dictates its own rules and conditions once they are notified of the property’s registration in the Tourism Registry of Andalusia.

I’m leaving Decree 28/2016, of February 2, here for you, and below is my analysis:

First, you will have to verify that the dwelling complies with the tourism requirements, which are:

1. Have a minimum built dimension of 14 m² per bed according to the built surface of main use stated in the Cadastre headquarters. In any case, the minimum built surface of main use of the dwelling will be 25 m² or, failing that, what is determined by urban planning.
2. Have cooling and heating, centralized or non-centralized, by fixed or portable elements in the rooms and living rooms, according to the declared operating period:
   ◦ If it operates during the months of May, June, July and August, cooling is mandatory.
   ◦ If it operates during the months of December, January, February and March, heating is mandatory.
3. Be sufficiently furnished and equipped with the necessary appliances and utensils for immediate use and according to the number of beds available, have a television and channel information, power outlets in all rooms and with the basic supplies that allow its habitability, such as electricity and hot and cold running water.
4. First aid kit.
5. Have tourist information, in physical or electronic format, of the area, leisure areas, restaurants and cafes, shops and food stores, parking lots closest to the dwelling, existing medical services in the area, urban transport and a map of the locality.
6. Have available to users information and operating instructions for appliances or other devices that require it for proper use.
7. Requirements for bedrooms and living rooms
   ◦ Bedrooms and living rooms will have direct ventilation to the outside or to ventilated patios and some window darkening system. This requirement will not be enforceable when the Administration, local or regional, exempts its compliance for reasons of architectural protection.
   ◦ Beds must measure at least 80 x 190 cm if single and 135 x 190 cm if double.
   ◦ Have a wardrobe or space for clothes for every four beds, with an adequate number of hangers.
   ◦ Light point near the bed.
   ◦ Mattresses must have a minimum thickness of 18 cm, must be in good condition and present a homogeneous level of resistance throughout the surface.
   ◦ Bed linen, lingerie, blankets or duvets and pillows well preserved according to the occupancy of the dwelling and a spare set of bed linen
8. Bathroom requirements
   ◦ Have direct or forced ventilation for air renewal.
   ◦ Have two bathrooms if the number of beds is more than five and three bathrooms if the number of beds is more than eight.
   ◦ The bathroom will be equipped with at least a toilet, sink, bathtub or shower tray. In any case, the toilet must be independent and closed, either individually or with the rest of the sanitary elements.
   ◦ Non-slip floors in showers and bathtubs.
   ◦ Provide hand soap, gel, shampoo, a hand towel and a bath towel per person, washable bath mat, toilet paper roll in place and an additional one.
   ◦ Mirror with nearby power outlet.
   ◦ Appropriate light in the bathroom, towel hangers, toilet brush, shelf, hairdryer and hygienic bin.
9. Kitchen requirements
   ◦ Have direct or forced ventilation for air renewal.
   ◦ The kitchen must be provided with a minimum of two burners, oven or microwave and refrigerator.
   ◦ Utensils appropriate to the accommodation capacity (at least crockery, cutlery, glassware, frying pans, pots, serving utensils, corkscrew, opener, scissors, can opener and colander).
   ◦ Small appliances (at least blender, toaster or grill, juicer and coffee maker).
   ◦ Storage furniture.
   ◦ Utensils and cleaning product kit with minimum content of scourer, cloth, rag, cleaning gel and garbage bags.
   ◦ Clothesline, iron and ironing board.
   ◦ Selective waste separation.
   ◦ Smoke detector.
   ◦ An extinguisher.
   If the dwelling meets the requirements, the dwelling can be registered in the Tourism Registry of Andalusia, providing the following documentation:
10. Complete and sign the Responsible Declaration.
11. You must indicate the name of the dwelling and the operating season if not indicated in the submitted responsible declaration.
12. Sufficient legal title proving ownership of the dwelling (you must attach an UPDATED SIMPLE REGISTRY NOTE and, where appropriate, authorization and ID of the co-owners).
13. EXPRESS PRIOR APPROVAL OF THE HOMEOWNERS’ ASSOCIATION.
14. Photograph of the identification plate, which must be displayed, on the outside of the access door of the dwelling. You can buy the plate here.