The vivienda de uso turístico (VUT), or tourist-use dwelling, is the legal category that governs, throughout Andalusia, the temporary letting of a home for tourist purposes in exchange for payment. Its basic framework is Decree 28/2016, of 2 February, but since 22 February 2024 that decree has operated alongside a substantial reform, Decree 31/2024, of 29 January, which tightens habitability and quality requirements and gives town councils the power to cap the number of VUTs by zone, building or period. On top of this sit other rules: Organic Law 1/2025 on owners'-association authorisation, the obligation to use SES Hospedajes, and the nationwide Single Rentals Register. This guide brings together the full, up-to-date framework and explains what it means for owners, buyers and communities of owners in Andalusia.
What does Decree 28/2016 regulate, and why does it still matter?
Decree 28/2016 is the regional rule that defines what a VUT is, who can operate one, and which administrative procedure allows it to start operating: the declaración responsable (a self-certification statement) filed with the regional tourism authority. Unlike Barcelona's PEUAT, which zones the city street by street, the Andalusian model combines a single regional rule — applicable across all eight provinces — with the possibility for each town council to add, through its own bylaw or urban plan (PGOU), further limits on the number of VUTs in given zones, buildings or periods of the year.
That combination means two regulatory layers must be checked before operating a VUT: the regional regime (Decree 28/2016, as amended by Decree 31/2024, and Law 13/2011 on Tourism in Andalusia) and the specific municipal regime of the town council where the property is located, which may have approved its own restrictions under that reform.
The two types of VUT in Andalusia
The decree distinguishes two operating types, each with different capacity requirements:
Whole-unit VUT
The entire dwelling is let to the tourist guest. The limit is 15 beds in total and a maximum of 4 beds per bedroom, with up to two sofa-beds allowed in the living room. The built floor area must respect a minimum of 14 square metres per bed, and the total dwelling area must not be smaller than 25 built square metres.
Room-by-room VUT
One or more bedrooms are let while the owner, usufructuary or operator lives in and is registered (empadronado) at the dwelling. The limit is 6 beds in total and a maximum of 4 beds per bedroom.
Since the 2024 reform, anyone operating a VUT must report the operating periods during which they will provide the accommodation service; if none are reported, the service is deemed to run all year round. The activity cannot be carried on outside the reported periods, nor can availability be advertised beyond what has actually been declared.
Municipal restrictions: zones, buildings and periods
Decree 31/2024 expressly empowers Andalusian town councils to introduce, within their own urban planning, proportionate restrictions on the maximum number of VUTs per building, sector, area, period or zone, depending on the level of tourist saturation. This power has already been exercised in several cities: Málaga, for instance, has restricted the registration of new VUTs in certain saturated zones, also requiring the dwelling to hold an occupancy title and to have access points and utilities independent from the rest of the building.
Seville, Cádiz, Granada and other Andalusian cities have similar bylaws in force or in the pipeline. Before registering a VUT or buying a property "with a VUT included," it is therefore essential to check, in addition to Decree 28/2016, the specific municipal bylaw and the urban plan in force in that particular town, since two otherwise identical dwellings can have completely different viability depending on the town council involved.
Requirements to legally operate a VUT in Andalusia
Beyond municipal planning viability, a legal VUT in Andalusia must meet a set of formal obligations:
- A declaración responsable filed electronically with the regional tourism authority, stating compliance with the requirements of Decree 28/2016.
- Registration, done ex officio, with the Andalusian Tourism Register (RTA), with an identification number in the format VUT/XX/00000 (older VFT registrations were automatically renumbered to VUT after the 2024 reform).
- An occupancy licence, habitability certificate or municipal planning certificate confirming that the building meets the conditions required for residential use.
- Compliance with municipal urban planning rules, including any zone-specific restrictions approved by the town council.
- Prior notice to the owners' association and, from April 2025 onward, its express authorisation where required (see below).
- Registration with SES Hospedajes and reporting of guest data as required by Royal Decree 933/2021.
- Registration with the nationwide Single Rentals Register (Ventanilla Única Digital de Arrendamientos).
- Display of the RTA registration number in all advertising, listings and online platforms.
The absence of any of these elements — not just the lack of RTA registration — can trigger an independent penalty procedure, so compliance should be reviewed as a whole rather than by checking the RTA number alone.
Decree 31/2024: what changed, and the adaptation period
Decree 31/2024, of 29 January, entered into force on 22 February 2024 and substantially amended Decree 28/2016. Among other changes, it strengthens the legal status of the operating company, imposes new habitability, fit-out and shared-services standards (minimum floor area per bed, number of bathrooms, air conditioning), and empowers town councils to cap the number of VUTs, as explained in the previous section.
Dwellings already registered before the reform were given a six-month transitional period, until 22 August 2024, to adapt to the new requirements: reporting their operating periods, adjusting their advertising to match those periods, and verifying that their capacity meets the minimum floor-area standards (14 m² built per bed and a 25 m² minimum total dwelling area).
A VUT registered before 2024 remains valid, but its owner must have completed the adaptation required by Decree 31/2024. Failure to adapt, as well as any material inaccuracy or falsehood in the declaración responsable, can lead to the cancellation of the registration with the Andalusian Tourism Register, after the interested party has been given a hearing.
Cancellation of registration and deregistration of a VUT
Decree 31/2024 itself provides that if the tourism authority finds a material inaccuracy or falsehood in the declaración responsable — or establishes that the dwelling no longer meets the required conditions, including the absence of any required urban-planning licences — this leads to the cancellation of the registration with the RTA, after the interested party has been given a hearing.
Any purchase of a property "with a VUT included" should verify, on a documentary basis, that the registration remains valid, that it corresponds exactly to that address, and that there is no cancellation procedure or urban-planning enforcement file under way, since Law 13/2011 allows town councils to penalise use that runs contrary to the granted municipal licence.
Fines for operating without registration or breaching the rules
The applicable penalty regime is set out in Law 13/2011, of 23 December, on Tourism in Andalusia. The amounts provided are:
- Minor infringements: a warning or a fine of up to 2,000 euros.
- Serious infringements: from 2,001 to 18,000 euros.
- Very serious infringements: from 18,001 to 150,000 euros.
Serious infringements include, among others, the clandestine provision of a tourist service — that is, operating without having filed the declaración responsable — and falsehood in the data stated in it. Beyond the fine, the authorities can order the cancellation of the RTA registration and require the removal of listings from rental platforms. Repeated serious infringements are classified as a very serious infringement.
The final amount of the fine depends on how the infringement is classified, on whether there is repeat offending, and on mitigating or aggravating circumstances that must be assessed case by case. The maximum amount provided by law should not be assumed to apply automatically.
Owners' associations: the three-fifths majority
Since 3 April 2025, Organic Law 1/2025 amended Article 17.12 of the Horizontal Property Act and reversed the general rule: tourist-rental activity in a property under the horizontal-property (condominium) regime is now prohibited unless expressly authorised by the owners' association. That authorisation requires a favourable vote from three-fifths (3/5) of all owners who, in turn, represent three-fifths of the participation quotas — a double threshold that must be met simultaneously.
The same majority allows the association to limit, condition or outright prohibit the activity, and to approve a surcharge of up to 20% on the common-expenses quota for tourist-let units, as compensation for the greater use of shared areas.
The reform has no retroactive effect: anyone who was already lawfully carrying on the activity before 3 April 2025 keeps that right, without prejudice to the association later using the same three-fifths majority to introduce limits or surcharges going forward. In Andalusia, moreover, since that date any application to register a new VUT under the horizontal-property regime must be accompanied by the corresponding certificate of approval from the owners' association.
If registration is refused or you receive a fine
Faced with a suspended declaración responsable, a cancellation of the RTA registration or a penalty procedure linked to VUT rules, it is worth distinguishing several lines of defence depending on the stage of the procedure:
- Submissions during the investigation stage of the file, to challenge the facts alleged or to submit evidence in the owner's defence.
- An administrative appeal against the penalty decision, within the applicable statutory deadline.
- A judicial review claim before the administrative courts once the administrative route has been exhausted without a favourable outcome.
- In certain cases, a legal challenge to a municipal bylaw where there are reasonable doubts about the correct application of its limits to the specific property.
Deadlines are strict, and missing them can close off the available defences, so it is advisable to act from the moment the notification is received.
Frequently asked questions
Can I still register a new VUT in Andalusia in 2026?
Yes, generally speaking, by filing a declaración responsable, provided the dwelling meets the requirements of Decree 28/2016 as amended by Decree 31/2024 and local urban planning rules. Viability must be checked town by town, since several town councils have capped the number of VUTs by zone.
What is the difference between a whole-unit VUT and a room-by-room VUT?
A whole-unit VUT lets out the entire dwelling (maximum 15 beds). A room-by-room VUT requires the owner or operator to live in and be registered at the dwelling (maximum 6 beds in total).
Do I need authorisation from the owners' association?
Since 3 April 2025, yes, unless the activity was already being lawfully carried out before that date. Authorisation requires a three-fifths majority of both owners and quotas.
How much can a fine for operating without a licence be?
Between 2,001 and 18,000 euros for serious infringements, and between 18,001 and 150,000 euros for very serious infringements, on top of the cancellation of the RTA registration.