NEWS

The sale of a tourist property in Andalusia includes the holiday rental license

Main points:

1. License linked to the property, not the owner: A resolution from the Spanish Ministry of Justice (Directorate-General for Legal Security and Public Faith) clearly states that the holiday rental licence in Andalusia is linked to the property itself and not to the person who applied for the licence.
2. Consequence upon sale: When selling a property with a valid tourist licence, that licence remains valid. The new owner can immediately continue with tourist rentals, provided the property still meets all the requirements of the regional regulations (Junta de Andalucia).
3. Judicial basis: This declaration is based on existing jurisprudence from the Spanish Supreme Court, which distinguishes between personal licences and real licences that are attached to the property.
4. Contradiction with previous policy: This new position contradicts the previous policy of the Junta de Andalucia, which stated that the licence was not transferable upon sale.
5. Importance for the sector: The ruling provides legal certainty for owners, buyers, and investors. It protects investments and prevents unnecessary administrative delays in the transfer of ownership.
6. Practical step: The new owner only needs to inform the authorities about the change of ownership; a completely new licence application is not necessary.
7. Note: The new owner must still comply with any rules of the Homeowners Association that may restrict tourist rentals.

This resolution is a significant development for the tourist rental sector in Andalusia, which comprises thousands of properties.