Mathew Wood of Hola Properties – heaquartered in Lanjarón – explains the situation with tourist licenses in our area…
THE situation with tourist licences in some parts of Spain – including our very own Andalusia – is fast-paced. Those planning to sell properties with existing tourist licences must take note. On 3 April 2025, new legislation came into force prohibiting the transfer of tourist licences when a property changes ownership.
The recent law change could affect the sale of your property – and your buyer’s ability to rent it out to holidaymakers.
In a crackdown now impacting Granada, Málaga, and Barcelona, tourist licenses are being removed. Over 1,000 tourist licences have already been revoked in the city of Granada alone.
In the Costa Tropical and inland regions – including Lecrín Valley and La Alpujarra – the implications are clear. You cannot assume that a tourist licence will remain valid after your sale. And, if your buyer is expecting to use the property for holiday rentals, this could derail the deal, unless the property complies with current requirements for tourist licenses.
A significant shift that requires a new approach
Historically, tourist licences (‘viviendas turísticas’) could be transferred from seller to buyer, subject to the correct procedure. However, the new rules say that the buyer of a previously licensed property must reapply from scratch. And this might not be straightforward!
Yes, it includes submitting updated documentation, and complying with the most recent urban planning regulations. And current requirements can differ massively from those in force when the original licence was granted.
Making materrs more complex, some legal advisors remain unaware of the recent changes. This could cause confusion amongst buyers and sellers alike, and delays in completing property transactions.
“My agent said that the licence stays with the property,” we’ve heard from several vendors whose agents have told them this exact statement. Unfortunately, it’s no longer true!
The revised legislation is region-wide, and sellers are strongly advised to verify any claims about licence transferability with industry professionals or legal advisors. These specialists should be working closely with their local authorities. Failure to do so could expose you to liability or failed sales!
What should sellers do?
If your property currently holds a tourist licence, you’ll need to:
- Make it clear in your property marketing that the licence is not transferable.
- Be transparent with buyers who intend to let the property to tourists.
- Offer documentation showing that the property previously met tourist use criteria (if applicable).
- Consider applying for a new licence in your name, before selling the property, to demonstrate eligibility (if allowed by your municipality).
More importantly, you need an agent who understands these rules – and how to communicate them effectively to potential buyers.
The impact on buyers
For many international clients, especially from Northern Europe and the United States, the ability to rent a property for tourism is central to their investment. Removing that assurance – especially without any explanation – can lead to hesitation or lost offers.
An ill-informed agent might promote your property’s rental income potential without disclosing the change in rules. In today’s climate, that’s not just misleading – it’s damaging.
The new situation requires fresh strategy and transparency. It’s important to work with legal teams who know the latest licensing framework. Always advise buyers clearly and early, preventing confusion or failed transactions. Tailor the property marketing to reflect honest, fact-based selling points – not vague assumptions or, worse still, lies!
For properties that qualify for tourist licenses under the new regulations, a specialist can help to navigate the application process. If you’re preparing to sell a property that previously operated as a holiday rental, now is the time to seek expert advice!
