ALL CHANGE

Major changes are coming to Spain’s short-term rental regulations in 2025, and if you own or are thinking about buying a property for Airbnb or vacation rental use, this is essential reading.

🚨 What Happens After April 3rd, 2025?

From April 3rd, 2025, the Junta de Andalucía (the regional government for southern Spain) is introducing new restrictions on how VFT licenses (tourist rental licenses) are issued and regulated.

Previously, the process was relatively straightforward: if a property wasn’t in a building that had explicitly banned short-term rentals, you could apply for a license and begin renting.

The key change: Now, you must provide positive proof that your community of owners (comunidad de propietarios) explicitly allows short-term rentals. This means supplying a copy of the minutes from a community meeting showing a 3/5 majority vote in favor of rental activity.

In other words: no longer is “not prohibited” good enough—you must show it is actively allowed.

🔒 Why This Matters for New Buyers

If you’re buying a property with plans to rent it short-term:

• You may be blocked from applying for a VFT if the community hasn’t yet voted on the issue.

  
  

• You could be forced to wait months until the next AGM (Annual General Meeting) or organize an extraordinary meeting to request a vote.

  
  

• If the community votes against rentals, you’re out of luck – even if it’s a popular rental location.

❓ What If the Property Already Has a VFT License?

This is where things get even murkier.

If you’re buying a property that already has a VFT license in the seller’s name, you still have to reapply or update the license into your name. And that update may be denied if:

• The community hasn’t approved short-term rentals

  
  

• There’s been a recent vote prohibiting them

In short: Even buying a licensed rental today doesn’t guarantee you can rent it tomorrow.

✉️ What About Existing Owners With Active Licenses?

If you already have a valid VFT license:

• You can continue renting your property.

  
  

• However, if you want to transfer the license to a different entity (like a property management company) or sell the property, you may face the same new requirements.

We note that enforcement is still uncertain, but the legal basis is clear: the community’s approval is now a prerequisite, not an afterthought.

💸 Why Spain Is Making These Changes

There’s growing pressure to address housing availability and affordability, particularly in high-demand areas like the Costa del Sol, Barcelona, and Madrid. Short-term rentals are being blamed for driving up property prices and limiting long-term rental stock.

The new law aims to give more control to residents and communities, allowing them to vote on whether rentals are right for their building. Politically, it’s an attempt to balance tourism with local needs.

However: “The regulations should bring clarity, but right now, they’re creating more questions than answers.”

🏡 What Are the Alternatives to VFT Rentals?

If you’re unable to secure a tourist license, you can still legally rent out your property:

• Mid-term / Seasonal Rentals: Stays of more than 2 months are not subject to the same rules.

  
  

• Long-term Rentals: Standard leases (6 months or longer) are fully legal and do not require community approval.

These options are popular among digital nomads, remote workers, and snowbirds.

🧰 Legal Loopholes & Workarounds

While some investors may look for creative ways around the new rules, We suggest caution:

• Don’t rely on “verbal confirmations” from sellers or agents. Everything must be documented.

  
  

• Always verify the community rules (estatutos de la comunidad) before buying.

  
  

• If possible, add a clause in your purchase contract making the sale contingent on being able to rent legally.

🔢 Advice for Buyers in 2025

If you’re considering purchasing a property for investment or holiday rental, here’s what you should do:

1. Work with a knowledgeable real estate lawyer who is up to date on the new regulations.

   
   

2. Ask for the community statutes and AGM minutes before signing any contract.

   
   

3. Include rental approval as a condition in your purchase or reservation contract.

   
   

4. Budget conservatively and don’t rely solely on projected Airbnb income.

   
   

5. Consider alternative strategies, such as seasonal rentals or mixed-use occupancy.