Malaga tourist flat licence freeze now in force after official publication

Malaga’s three-year freeze on new tourist apartment licences is now officially in force after publication in the Provincial Official Gazette (BOP) today. From Saturday, 25 July, no new authorisations can be granted for viviendas de uso turístico (VUTs), tourist accommodation on residential land or the conversion of ground-floor commercial premises into homes intended for tourist use.

The council approved the temporary suspension earlier this month. Today’s publication in the provincial bulletin makes that decision legally  a hard and firm ban, with the new rules applying from 25 July. Existing tourist licences remain valid, while applications formally submitted before today’s publication will continue to be processed under the previous regulations.

What changes from 25 July?

From tomorrow, Malaga City Council will suspend all planning approvals, licences, authorisations and responsible declarations that conflict with the new restrictions. In practical terms, owners without an existing tourist licence can no longer obtain one while the suspension remains in place.

The freeze also blocks projects that would:

• create new tourist apartments;
• convert residential buildings into tourist accommodation;change commercial premises into homes intended for tourist rentals;
• or seek new tourist-use authorisations that fall under the suspended planning rules.

Property owners who already hold a valid tourist apartment registration can continue operating normally. Their existing licences are unaffected by the measure. So, if you were thinking of getting into the holiday rental business, you will no doubt want to start looking outside Malaga city.

What happens to pending applications?

One of the most important cut-off points is today’s publication in the BOP.

Applications lodged before the measure was officially published will continue to be assessed under the previous planning framework. However, anyone attempting to submit a new application after the publication date will be unable to obtain a new licence while the suspension remains in force.

The temporary ban can be lifted before the full three years if Malaga City Council approves its revised planning regulations sooner. Until then, no new tourist apartment licences can be issued under the affected categories.

What property owners need to know

For existing licensed operators, business continues as normal. For everyone else, the position is straightforward:

• Existing tourist licences remain valid.
• New tourist apartment licences cannot be obtained during the suspension.
• Conversion projects covered by the freeze cannot proceed.
• Buyers wanting a holiday rental must purchase a property that already has a valid tourist licence if they intend to continue operating legally.

Owners should also remember that community statutes may prohibit short-term rentals regardless of municipal licensing rules.

Estate agents see buyers adjusting plans

Local estate agents say some investors are already changing strategy following confirmation that the freeze is taking effect. Interest is increasingly shifting towards long-term residential rentals, municipalities outside Malaga city, or properties that already hold a valid tourist licence.

For buyers hoping to enter the holiday rental market inside Malaga city, the pool of eligible properties is now effectively limited to homes with existing licences.

Opinion on the ground

Malaga joins a growing number of Spanish cities tightening controls on tourist accommodation. Some complain that the new rules are an over reaction, such as Juan Cubo, who says “Malaga is not Venice, yet!”, who goes on to explain that the benefit to the local economy is often overlooked so that holiday rentals are scapegoated to cover up the central government’s inability build new homes to meet housing demand.

Owners of the flats in the new luxury Torres Martiricos complain that there was no local laws in impeding large companies buying up homes for use as tourist accommodation, and that they are the real problem rather than individual renters.

EWN reader Sheree Ruiz is in agreement with the new law, “In costal Murcia, the current housing are sold as holiday homes and tourist lets. Pretty soon, no one will be living there full-time in some areas. Apartments being built are aimed, pricewise, at international buyers. Tourists come over the summer months and almost expect a tourist park with lots of tourist attraction.”

How Malaga compares with other cities

Barcelona plans to allow all existing tourist apartment licences to expire by the end of 2028 without issuing replacements. Alicante continues its suspension of new licences covering tourist flats, hostels and pensions, while Valencia limits tourist accommodation to a maximum of two per cent of housing stock in each neighbourhood and restricts many new licences to ground or first-floor properties with independent street access. San Sebastian is also tightening planning controls on new tourist accommodation.

On the Costa del Sol, Manilva already operates its own three-year suspension on new tourist licences, while Fuengirola maintains restrictions on apartments without independent street access. Marbella has not introduced a blanket freeze, although planning regulations and individual community statutes continue to influence whether tourist accommodation is permitted.

For now, Malaga’s position is clear: no new tourist apartment licences will be granted until the city completes its planning review or the temporary suspension is lifted.