Tourist license in Andalusia – transfer to a new owner. What do you need to know?

The short-term rental market in Spain, and especially in Andalusia, has long attracted enormous interest from investors worldwide. A key element of legally operating in this sector is having a valid tourist license. After changes in legislation, about which we wrote on our blog, many questions arise regarding transferring the tourist license to the new owner of the property. Does the tourist license in Andalusia “transfer” automatically? What are the formalities? What consequences does the lack of data update bring? We answer these questions, based on the latest regulations and legal interpretations.

Tourist license in Andalusia – legal character

The tourist license in Andalusia is necessary in order to legally rent out a property on a short-term basis. The license is obtained after registering the property in the Andalusian Tourism Registry (Registro de Turismo de Andalucía). The property then obtains a VFT number, which is required by booking platforms and EU regulations (including Real Decreto 1312/2024 and Regulation (EU) 2024/1028). After the latest changes in the legal regulations, the question clearly sounded out whether the tourist license is tied to the owner or to the property itself. In recent years administrative practice has been inconsistent, some offices required re-applying for the license after a change of owner, others recognized its “transfer” to the new purchaser.

Groundbreaking resolution of the General Directorate

The latest resolution of the General Directorate of Seguridad Jurídica y Fe Pública dated July 30, 2025 clarifies the situation. This document resolves a dispute concerning the assignment of the registration number for a tourist apartment that was in the registry under the name of the previous owner. The new owner, despite completing all formalities related to the transfer of ownership, faced a registrar’s refusal, who pointed to the lack of data updates in the registry.

The General Directorate explicitly stated that the tourist license has a “real” character, not a “personal” one. This means it is tied to the property, not to the owner. As long as the property meets the technical and urban planning requirements (defined, among others, in Decreto 28/2016), the license remains valid regardless of the change of owner. The contracting parties are obliged to inform the administration about the change of data, but failure to report results in administrative liability, and not in the nullification of the license.

Significance of the resolution for the short-term rental market

The General Directorate’s resolution has an interpretative character and is widely cited in case law and administrative decisions. Although it is not a court ruling, it serves as an important reference point for practice across Spanish offices. It confirms the settled jurisprudence of the Supreme Court, according to which licenses tied to the characteristics of the property are transferable and endure as long as the property meets the requirements.

Thanks to this interpretation:

• the buyer of a tourist apartment does not need to apply for a new license,
• a valid license “passes” with the property,
• only updating the data in the Tourism Registry is necessary, but its absence does not annul the right to use the license.

In practice, this means greater certainty in transactions and protection for investors in the short-term rental market in Andalusia.

Procedure for changing the owner of the tourist license

Although the license is tied to the property, updating the data in the Registro de Turismo de Andalucía is mandatory. The process is relatively simple and takes place electronically through the Oficina Virtual de la Junta de Andalucía. A digital certificate or the Cl@ve system is required.

Procedure:

• Access to the system – login to the Consejería de Turismo portal.
• Application – submission of the “Solicitud de cambio de titularidad de vivienda con fines turísticos”, providing the license number, details of both owners, the property’s address and the legal basis for the transfer of ownership.
• Attachments – a copy of the notarial deed, the new owner’s identity document, possibly company documents or power of attorney.
• Fees – in Andalusia the procedure is free, though in other regions there may be fees.
• Processing – the administration registers the change, though there may be delays. Until the update, the license remains valid, and the owner should keep proof of the submission.

New rules concerning the consent of the owners’ association

Since April 3, 2025, the requirement to obtain the consent of the owners’ association to operate a short-term rental has been in force. However, the latest interpretation by the Junta de Andalucía confirms that in the case of a change of owner it is no longer required to present a protocol with the consent of the association. This means simplification of the procedure and greater certainty for investors.

Summary

The tourist license in Andalusia has a real character, is tied to the property, not to the owner personally. In the sale of an apartment, it automatically passes to the new owner. The key obligation is to report the change of ownership in the Registro de Turismo de Andalucía online. The lack of updates does not invalidate the license, but may give rise to administrative liability and practical difficulties, e.g., with registering on rental platforms.

The latest General Directorate resolution and the Junta de Andalucía’s stance strengthen the security of trading in tourist properties, protecting investors and ensuring continuity of license operation. This is excellent news for all those planning an investment in short-term rental in Spain, especially in Andalusia.

[This article was produced in collaboration with Attorney Łukasz Tkaczyk of LTA Łukasz Tkaczyk y Asociados.]