Malaga holiday rental regulations 2026: what applies now

As of October 2026, no new tourist rental properties (viviendas de uso turístico, VUT) can be registered in Malaga city: the municipal suspension has been in force since 23 August 2025 for a maximum of three years, and since 25 July 2026 there's also a moratorium on new accommodation uses on residential land. Properties already listed on the Andalusia Tourism Register (RTA) can keep operating if they meet the Andalusian decree, their owners' community doesn't prevent it and they report guest details to SES.HOSPEDAJES. The national single register (NRUA) was annulled by Spain's Supreme Court in May 2026.

Disclaimer: this article is for information only and is not legal advice. The rules change often; before making decisions, check the official text and consult a professional.

Malaga holiday rental regulations at a glance (October 2026)

The Andalusian tourist rental decree

In Andalusia, tourist rental homes are governed by Decree 28/2016, amended by Decree 31/2024 of 29 January. The points that matter most to owners are:

• Types: entire home, with a maximum of 15 guests and 4 per bedroom, or by rooms, with a maximum of 6 guests and the owner living and registered (empadronado) in the property.
• Minimum size: 14 m² built area per guest and at least 25 m² built area for the main living space, unless municipal planning requires more.
• Bathrooms: two if there are more than 5 guests and three if more than 8.
• Climate control: cooling in bedrooms and living room if let between May and August, and heating if let between December and March.
• Equipment: furniture, equipped kitchen, first-aid kit, smoke detector, fire extinguisher and tourist information.
• Municipal powers: councils can limit the number of tourist rentals per building, area or period on general-interest grounds.

Andalusia Tourism Register: getting listed

To advertise and rent out, you must submit a responsible declaration (declaración responsable) to the regional Tourism Department, which lists the property on the Andalusia Tourism Register (RTA). If false information or missing required permits are later detected, the registration is cancelled after the owner has been heard. Operating without registration counts as clandestine activity, a serious offence with fines of €2,001 to €18,000 under Andalusia's Tourism Law 13/2011. The regional government publishes FAQs at juntadeandalucia.es.

Malaga city restrictions: timeline

June 2024: independent access and services

The City Council began requiring new tourist rentals to have their own access and evacuation routes and installations separate from the rest of the building, which in practice shut the door on many flats in residential blocks.

January 2025: ban in 43 neighbourhoods above 8%

The PGOU (urban plan) amendment published in the BOP on 13 January 2025 (initial approval) classified neighbourhoods by the share of tourist rentals among all family homes:

• Zone 1, reduction: 43 neighbourhoods above 8%, with no new registrations.
• Zone 2, limited growth: neighbourhoods between the municipal average (4.53%) and 8%, with new registrations only up to that cap and with independent access and services.
• Zone 3, growth: neighbourhoods below 4.53%, also requiring independent access and services.

August 2025: suspension of new VUTs across the municipality

On 14 August 2025, under Andalusian Decree-Law 1/2025, the Local Governing Board agreed to suspend new tourist rental homes across the whole municipality. It was published in the BOP on 22 August and has been in force since 23 August 2025, for a maximum of three years or until the PGOU amendment is approved. During the suspension, no new VUT can be registered in Malaga city (City Council statement).

July 2026: moratorium on accommodation on residential land

The City Council plenary initially approved detailed PGOU amendment no. 28, published in the BOP on 24 July 2026 and in force since 25 July. It suspends accommodation licences (hotels, tourist apartments, hostels…) on residential land for up to three years and limits converting commercial premises into homes. It doesn't affect applications filed before publication (City Council statement).

The single rental register (NRUA): annulled by the Supreme Court

Royal Decree 1312/2024 created a national single register and a mandatory number for advertising short-term rentals. Supreme Court ruling 620/2026 of 19 May, published in the BOE on 8 June 2026, annulled the provisions governing that register on the grounds that the State lacked competence. The Digital One-Stop Shop for Rentals (Ventanilla Única Digital de Arrendamientos) and the platforms' data-sharing obligations remain. In practice, the reference register in Andalusia is once again the regional one (RTA). Some aspects of how this applies are still being debated, so keep an eye on updates.

Regulation (EU) 2024/1028

This EU regulation has applied since 20 May 2026. It requires platforms to display the registration number on every listing where a registration procedure exists, to remove listings without a valid number when ordered by the authorities, and to send regular data on nights, guests and addresses. Following the annulment of the national register, regional registers such as the RTA serve as the registration procedure for these purposes.

Owners' community: three-fifths majority

Organic Law 1/2025, in force since 3 April 2025, reformed article 17.12 of the Horizontal Property Law:

• Starting a new tourist rental activity requires the express approval of the owners' community by three-fifths of the owners, who must also represent three-fifths of the property shares.
• With the same majority, the community can limit or set conditions on the activity and increase those homes' share of common costs by up to 20%.
• The rule isn't retroactive: homes already operating with their registration before the reform don't need this new authorisation, although the community statutes may contain other prohibitions.

Guest registration: SES.HOSPEDAJES

Since 2 December 2024, under Royal Decree 933/2021, tourist rentals must report each guest's and booking's details to the Ministry of the Interior through SES.HOSPEDAJES within 24 hours, and keep them for three years. Penalties range from €100 for minor breaches up to €30,000 for serious ones.

What this means if you already own a holiday rental in Malaga

1. Protect your registration: with new registrations suspended, a listed and compliant property has a value that can't be replicated. Keep up with the decree's requirements.
2. Check your listings: the RTA number must appear on every platform.
3. Comply with SES.HOSPEDAJES without exception: it carries the highest penalties and is the most inspected obligation.
4. Talk to your community: getting on well with the neighbours is the best protection against resolutions limiting the activity.
5. Before selling, buying or renovating, consult a lawyer: the status of the registration may be affected.

At Nordik we manage properties such as Nusfjord in La Malagueta, Kolvereid in Pedregalejo, Reikiavik in the centre and Elsinor near La Trinidad, and we handle guest registration and the rest of the operating obligations every day. If you'd like to see how all this affects the numbers, read Malaga holiday rental profitability or management company or self-managing.

Own a licensed holiday rental in Malaga?

We'll help you check it's compliant and get the most out of it without worrying about keys, cleaning or registrations. Talk to Nordik's owner team.

This content is for information only and does not constitute legal advice.

Updated: October 2026 · Nordik team