Can the Justice Ministry ruling on holiday rentals still be appealed?
Short answer
Yes. Although the ruling from Spain’s Ministry of Justice is binding, it can still be appealed before the civil court in Málaga. However, it already serves as a strong precedent for future cases.
Legal status of the ruling
The Directorate-General for Legal Security and Public Faith issued a resolution that is legally binding on registrars and administrative bodies. While appeals are possible, most experts consider the ruling to have set a clear direction for interpreting tourist licences in Andalusia.
What an appeal could mean
If appealed, the civil court in Málaga would review the case. A successful appeal could alter interpretation, but until then, the ruling provides legal certainty that licences are linked to properties, not individuals.
Practical implications
For buyers and sellers, this means that the licence is considered stable and transferable, even if a future appeal is lodged. Until a court rules otherwise, the Ministry’s resolution stands as the guiding principle.
Next steps
Need advice on how this may affect your property purchase? Contact us at Sun Properties Marbella for expert guidance.
Related articles & useful links
- Holiday rental licences in Andalucía – full guide
- What does the ruling mean for holiday rentals? (Q&A #3)
- Can a licence be revoked? (Q&A #9)
- See properties for sale in Marbella
This article is based on official rulings and publicly available information.
