Short-term rentals (so-called holiday rentals) in Spain are not leaving the media headlines in Poland either. It is all due to April’s changes to regulations requiring owners of these properties to have a tourism licence. Spanish authorities are enforcing the regulations, leading to the removal of thousands of listings without a licence number from the Airbnb and Booking.com platforms. However, licence holders can rest easy thanks to a new interpretation of the regulations, which we present in material from the law firm LTA (Łukasz Tkaczyk & Asociados).
What will you read about in this note?
- A tourist licence in Spain is the key to legitimate short-term rentals
- Does the tourist licence transfer to the new property owner?
- Procedure for changing the owner of a tourist licence: step by step
- How does a tourist licence affect the value of a property on the secondary market?
Spain has been one of the favourite investment destinations of Poles for years. A record number of tourists, a stable property market compared to other Western European countries and, above all, almost 320 days of sunshine a year make the purchase of a holiday flat on the Costa del Sol a popular form of investment.
However, the changes to the regulations have introduced many doubts. Fortunately, their latest interpretation dispels many of them and sends a clear signal to investors: the tourist licence is assigned to the property and not to the owner, reports the LTA law firm. As a result, investors can rest assured: buying a flat or flat with a tourist licence means that future rental income is realistically secured.
Tourist licence passes to new property owner
A decision of the Spanish Directorate General of Legal Security and Public Trust in July 2025 confirmed that:
- By purchasing a flat with a tourist licence, the new owner automatically assumes the rights to legally rent out the flat on a short-term basis.
- The licence remains valid as long as the property meets the technical and urban planning requirements.
- Even if the data in the register is not immediately updated, the licence does not expire – the purchaser retains full rights of use.
- It is the responsibility of the new owner to update their details in the Tourism Register – in Andalusia this is done through a simple online application.
According to the current position of the Junta de Andalucía (Government of Andalusia), in the event of a change of ownership of a property with a tourist licence, the licence remains valid and in force.
This means that when such a property is sold or transferred, no additional consent from the community of owners is required to continue operating as a tourist accommodation.
Only if the owner wishes to obtain a new tourist licence for a property that did not previously have one is it necessary to obtain the consent of at least 3/5 of the votes of the community of residents.
See also:
- New regulations governing holiday rentals in Spain. Who can sleep soundly?
- How have holiday rental regulations changed in Spain?
- Poles have already bought more than 2,000 properties in Spain in 2025
Procedure for changing the holder of a tourist licence: step by step
Although the tourist licence automatically passes to the new purchaser with the sale of the flat, several administrative formalities need to be completed. In Andalusia, the whole process is done online through the Oficina Virtual de la Junta de Andalucía platform.
The new owner must fill in the form „Solicitud de cambio de titularidad de vivienda con fines turísticos” (Application for change of ownership of property for tourism purposes), in which he/she provides the basic details of the property, the licence number and information about the previous and current owner. The application must be accompanied by a notarial deed confirming the purchase, the identity document of the purchaser and, in the case of companies, the tax identification number and a copy of the commercial register.
Currently, this procedure in Andalusia does not incur additional administrative costs, although this may look slightly different in other autonomous communities. Until the formal update in the system, it is sufficient to keep the official confirmation of the application, which guarantees the full validity of the licence.
An important change for property owners in Spain
For many years, it has been questionable whether, with the sale of a short-term rental property, the licence does not expire and whether the new owner does not have to apply for it from the beginning. This was a significant practical problem, as obtaining a tourist licence can be time-consuming and recent regulations have introduced additional restrictions.
However, the latest interpretation of the regulations allays these fears, giving investors clarity and a sense of security. It makes investment in holiday flats more stable and less risky, and the value of licensed properties clearly increases, as they are a guarantee of the possibility of legitimate short-term rentals. The entire secondary market also benefits, becoming more transparent, as both buyers and sellers are fully aware of their rights and obligations.
How does a tourist licence affect the value of a property on the secondary market?
Spain is one of the leaders in global tourism, with more than 85 million tourists visiting in 2024, including a record 2.44 million Poles. More and more of them are not only returning regularly to the Iberian Peninsula, but also deciding to buy their own property – including rentals.
The tourist licence has therefore become one of the important factors influencing property prices – flats and flats with a registration number are priced higher and find buyers more quickly.
