What you need to know in 2025
Live life in full colour. Live informed. Live Kiwii Real Estate.
If you're a property owner on the Costa del Sol, or dreaming of becoming one, it’s time to take a closer look at Spain’s new holiday rental laws. These regulations, rolled out across 2024 and evolving further in 2025, are already reshaping the way holiday rentals operate across regions like Andalucía, including our sunny slice of paradise from Estepona to Sotogrande.
Here at Kiwii Real Estate, we believe in keeping you one step ahead. Whether you’re investing, buying, or planning to rent out your property part-time, staying informed is your golden key.
Licence or No Let
Before you even list your property on Airbnb or Booking.com, you must obtain a holiday rental licence (Vivienda con Fines Turísticos - VFT). No licence? No letting. Full stop.
In Andalucía, these are issued by the Tourism Registry of Andalucía, but here's the twist: some municipalities, like Marbella and Málaga, are now capping or even restricting new licences in certain zones. Estepona and Manilva are reviewing their own plans too. If you’re thinking of buying to rent, check first.
Licences Are No Longer Transferable
This is crucial, and it’s where many buyers are getting caught out:
Holiday rental licences do NOT transfer to new owners.
That means if you're buying a property and the selling agent tells you “it has a holiday rental licence”, be cautious. While the property might have one now, you’ll need to reapply in your name after the sale completes.
And depending on local restrictions or zoning laws, you might not be granted one again.
This is why it's essential to work with an agent who knows the fine print, not just the glossy pitch. At Kiwii, we verify licence status upfront and help you understand what’s realistically achievable with each property.
Habitability and Safety Requirements
To qualify for a licence, your property must meet strict habitability standards:
Ventilation and natural light
Adequate furnishings and fittings
A complaints book (yes, really!)
Air conditioning and heating are now mandatory for summer and winter lettings
Emergency contact numbers displayed clearly
Smoke detectors and fire extinguishers in place
Community Consent is Key
New national guidance allows communities of property owners (comunidades) to limit or prohibit holiday rentals in their buildings—if 3/5 of owners agree.
So, if you own an apartment in a building with shared facilities, it’s time to check your community statutes. You don’t want to be caught out by an internal vote you didn’t know was happening.
Some communities are also charging an extra 20% community fee to anybody renting out their property.
Taxes and Declarations: Play by the Rules
Rental income in Spain is taxable, whether you're a resident or a non-resident. Authorities are now cross-referencing listings with tax filings, and unregistered rentals are being fined
You'll need to:
Declare your income quarterly
Provide guest registration to the Guardia Civil
Ensure guest identification is submitted within 24 hours of check-in
The days of “quietly letting” your place out are well and truly over.
Kiwii’s Take: Is it Still Worth Renting Out?
Absolutely, if you do it right. The Costa del Sol remains one of Europe’s top holiday destinations, and demand for quality short-term lets is strong. especially in Estepona, La Duquesa, and Sotogrande.
But the game has changed. It’s not just about putting your property on a platform and waiting for bookings. It's about being compliant, smart, and strategic.
Thinking of Buying to Let?
Whether you're an investor, part-time resident, or exploring how to maximise your coastal home, Kiwii Real Estate is your local property expert.
and with years of experience and building relationships we have a team around us who can guide you.
Let’s Make It Simple
The dream of earning from your Spanish home is alive and well, but you need to be informed, prepared, and proactive.
Not sure where to begin? Let’s chat.
We're based right here on the Costa del Sol, and we live this life alongside you.
Live life in full colour. Live Kiwii Real Estate.
