Short-term rental lawyer in Andalusia
Case-by-case analysis of the Andalusian Tourism Register, municipal limits on tourist-use dwellings (VUT) and sanction proceedings in Málaga, Seville, Cádiz, Granada, the Costa del Sol and the rest of Andalusia’s provinces.
Analyze my case without obligationTourist-use dwellings (VUT) in Andalusia
Andalusia regulates tourist-use dwellings (VUT) through a single regional rule, Decree 28/2016 of 2 February, which applies to all eight provinces. Since 22 February 2024 it operates alongside Decree 31/2024 of 29 January, which tightens habitability and quality requirements and allows town councils to limit the number of VUT by area, building or period.
As a result, two identical properties can have very different prospects depending on the municipality. Málaga, for example, has restricted new registrations in saturated areas, and other Andalusian cities have similar ordinances or are drafting them. The activity is enabled by a responsible declaration (declaración responsable) filed with the regional tourism department and registration in the Andalusian Tourism Register (RTA).
Responsible declaration and RTA
Review of the responsible declaration, the entry in the Andalusian Tourism Register and the operating periods that were notified.
View information →Municipal limits
Checking the town council’s ordinance and urban planning: limits by area, building or period, occupancy certificate and independent access.
View information →Proceedings and sanctions
Defense against proceedings for clandestine provision of tourist services, false data in the declaration or breach of requirements.
View information →Appeals
Administrative appeal (alzada or reposición) against the sanction and, where appropriate, judicial review in the contentious-administrative courts.
View information →What can be sanctioned and how much
The sanction regime is set out in Law 13/2011 of 23 December on Tourism in Andalusia. Minor infringements are punished with a warning or a fine of up to €2,000; serious ones with fines of €2,001 to €18,000; and very serious ones with fines of €18,001 to €150,000. Among other things, clandestine provision of a tourist service (operating without having filed the responsible declaration) and falsifying the declared data are considered serious.
Besides the fine, the authorities may cancel the RTA registration and require the listings to be removed from platforms. Repeat serious infringements are classified as very serious. The final amount depends on the classification, any repeat offence and the circumstances of the case, and it should not be assumed that the maximum will apply.
How we work on your case
1. Review the documentation
We analyse notices, case files, registrations, listings and the evidence available.
2. Identify the legal issue
We determine which rules apply and which points may matter for the defense.
3. Define the course of action
We assess submissions, appeals or court action depending on the specific case.
4. Follow-up
We accompany the procedure and any subsequent steps through to its resolution.
Frequently asked questions
Decree 28/2016 of 2 February, as amended by Decree 31/2024 of 29 January, together with Law 13/2011 on Tourism in Andalusia. Each town council’s ordinances and urban planning, which may limit VUT by area, building or period, also apply.
In a whole-dwelling VUT the entire home is let (up to 15 places, with a maximum of 4 per bedroom). In a room-rental VUT one or more rooms are let while the owner lives and is registered as resident in the home (up to 6 places).
Since Decree 31/2024, Andalusian town councils may introduce proportionate limits by building, area or period depending on tourist saturation. The specific ordinance and urban plan should be checked before operating or buying a property “with VUT included”.
Operating without a responsible declaration is treated as clandestine provision, a serious infringement punishable by fines of €2,001 to €18,000, plus cancellation of the registration and removal of listings. Repeat offences can raise the classification to very serious.
Yes, through an administrative appeal (alzada or reposición) within the legal deadline and, afterwards, in the contentious-administrative courts. Viability depends on the facts, the classification and the evidence, so the notice should be reviewed as soon as possible.
The notice or case file, the responsible declaration and RTA registration, the licence or planning title, the homeowners’ association by-laws and screenshots of the listings on platforms.