Are tourist licences in Andalusia personal or linked to the property?
The ruling
A new resolution from Spain’s Ministry of Justice has settled the debate: tourist rental licences in Andalusia are not personal permits. They are linked directly to the property itself. This means the licence continues to be valid when a property changes hands, provided that the dwelling complies with regional requirements.
Why this matters
Previously, Andalucía’s tourism department maintained that licences were tied to individuals and could not be transferred. This interpretation created uncertainty. The Ministry’s decision clarifies that tourist licences are “real rights” bound to the property, not to the personal identity of the holder. The owner must still update the authorities about any change, but there is no need to apply again from scratch.
Legal background
The resolution relies on Supreme Court case law that distinguishes between personal licences (dependent on the individual) and real licences (dependent on the property’s objective conditions). Tourist licences clearly fall into the latter category. As long as the property meets the required standards, the licence remains enforceable regardless of ownership.
Practical implications
For buyers, this means that a property with a valid licence keeps its rental potential even after purchase. For sellers, it increases the property’s value on the market. Compliance remains essential: if the dwelling no longer meets the legal standards, the licence can be suspended.
Next steps
Do you want to verify if a property’s licence is valid? Contact us at Sun Properties Marbella for expert advice in English or Danish.
Related articles & useful links
- Holiday rental licences in Andalucía – full guide
- See properties for sale in Marbella
- Does a holiday rental licence remain valid after a sale? (Q&A #1)
This article is based on official rulings and publicly available information.
