Since the sweeping legislative changes of April 2025, holiday rentals throughout Spain have shifted from a "free right" into a "conditional privilege".

Even with newly built properties, where technical installations usually meet the requirements, there are three major barriers.

1. Málaga City: The Strictest Restriction

If you look specifically at the city of Málaga, the situation is currently the most complex:

The Moratorium (2025-2028): The mayor has announced a temporary freeze. In many of the city's neighborhoods, no new licenses are currently being issued for a period of three years (until at least 2027/2028).

Independent Entrance Required: For new licenses, Málaga requires almost everywhere that the apartment has its own entirely separate entrance from the street, isolated from the communal hallway and elevator. For most newly built apartments, this is technically impossible, which virtually rules out tourist rentals in the city.

2. Andalusia (Estepona, Mijas, Marbella, Casares)

HOA Power (The 3/5ths Rule): Since 2025, a Homeowners Association (HOA) can decide to ban holiday rentals within the complex by a 3/5ths majority. With off-plan or new builds, this is a gamble, as the HOA is only formed after completion.

Marbella: Enforces a very strict policy in saturated zones.

Estepona & Casares: Slightly more flexible, but the municipality must always issue a Certificado de Compatibilidad Urbanística (Certificate of Urban Compatibility) before you can obtain the license.

3. Costa Blanca North (Alicante to Dénia)

5-Year Renewal: In the Valencia region, licenses issued since August 2024 are only valid for 5 years. Therefore, you must re-prove every 5 years that you comply with the rules (which may be stricter by then).

Dénia & Alicante: Have their own local restrictions (such as bans in certain neighborhoods or requirements for ground-floor placement).

4. Costa Blanca South (Alicante to Torre de la Horadada)

Slightly more flexible: Regions such as Orihuela Costa are economically dependent on tourism and currently still issue licenses more easily, though the 5-year expiration date applies here as well.

5. Costa Cálida (San Pedro del Pinatar to Mazarrón)

Most liberal: The Murcia region currently does not (yet) place an expiration date on licenses. Local municipalities here are often quicker to issue the necessary documents. However, the risk of the HOA vote (3/5ths majority) still exists.

The "2026 Checklist" for New Builds:

LPO (Licencia de Primera Ocupación): Demand that your lawyer confirms this document is present; without an LPO, no license can be granted.

Check the Bylaws: Have it verified whether the property developer has already explicitly permitted holiday rentals in the master bylaws. This blocks future attempts by neighbors to vote for a ban.

New Reporting Obligation: Since 2026, you must submit an annual activity report (VUDA/NRA) to the registry every February, otherwise your license will be revoked.

Conclusion: Are you looking for the highest probability of securing a license? Then focus on the Costa Cálida or specific resorts in Estepona/Casares.