The Malaga City Council has fulfilled its promise to put a stop to all new tourist accommodation registrations in Malaga, implementing a moratorium on tourist accommodation in Malaga city. Are you an owner or operator of tourist accommodation in Malaga city or province, or a real estate investor in Malaga? If so, you will probably be interested in this post.

Ban on Registering New Dwellings for Tourist Use: The Essentials in 30 Seconds

• There will be no new tourist accommodation registrations across the whole of Málaga city for up to three years or until the modification of the Málaga General Urban Development Plan (PGOU) is approved. The measure takes effect upon its publication in the Provincial Official Gazette (BOP), which is expected to happen next week, before the end of August 2025.

• The legal basis allows the City Council to suspend registrations and responsible declarations for dwellings for tourist use during the processing of the new planning instrument (maximum three years).

• Some prior restrictions were already in place: 43 “saturated” neighbourhoods (with an 8% cap on dwellings for tourist use) and a requirement for independent access and utilities to establish holiday rentals within residential buildings—conditions that already made new registrations extremely difficult in Málaga city. In addition, there is a national-level limitation, in force since 3 April 2025, requiring Neighborhood approval for the registration of new holiday rentals.

Scope and background of the moratorium in Malaga: modification of the PGOU (General Urban Development Plan) and previous restrictions (43 neighbourhoods and separate entrances), pending publication in the BOP (Official Provincial Gazette).

Starting Point Before the Moratorium on Tourist Accommodation in Málaga City

1. Saturated Areas (PGOU, Additional Provision 3rd)
   Málaga has approved the Third Additional Provision of the PGOU: a ban on new Holiday Rentals in neighbourhoods that exceed 8% and limits in the rest.

2. Technical Requirements in Residential Buildings
   Instruction 1/2024 (Málaga Urban Planning) requires independent access and independent utility connections to establish a holiday rental (treated as “lodging”) within residential buildings.

How Does This Affect You if You Already Have a Registered Dwelling for Tourist Use in Málaga City?

• Your registration is not automatically revoked by the announcement of the moratorium.

• You must comply with the updated regional tourism rules (Andalusia), including urban-planning compatibility and, where applicable, the licence or responsible declaration for change of use; if inaccurate data are detected or required titles are missing, the Andalusian Tourism Register may cancel the registration.

Practical recommendation: carry out a document review (“compliance audit”) of your tourist dwelling (Responsible Declaration, urban-planning compatibility, equipment and minimum tourism standards) to avoid cancellation of your holiday rental registration.

What If You’re Thinking of Buying a Property to Use as a tourist accommodation?

With the moratorium in force, no new holiday rental registrations can be processed across the entire municipality of Málaga. Even after the moratorium ends, the following will remain in place:

• The neighbourhood-by-neighbourhood cap of 8%, and

• The requirement for independent access/utility connections.

What We Do for You Before You Invest in a Property in Málaga City (Express Plan)

1. Urban-planning feasibility by specific address (neighbourhood, property and building).

2. Regulatory roadmap (which licences/Responsible Declaration you would need after the moratorium).

3. Alternative scenarios (tourist apartments, hotel use, mid-term/non-tourist leases) and tax comparison.

Alternatives If a Dwelling for Tourist Use Isn’t Viable Right Now in Málaga City

• Tourist apartments / hotel use: different rules and licences from holiday rentals. Case-by-case analysis per planning rules and building.

• Mid-term/non-tourist lettings, with their own civil/tax regime.

• Other municipalities in Málaga province: each council may have its own rules; we analyse municipalities with a better fit for your project.

Immediate Steps (Owners and Investors)

• If you already operate a tourist acommoation: review compliance (licence/Responsible Declaration, registration with the Andalusian Tourism Register, minimum technical standards) to avoid issues.

• If you’re going to invest: don’t sign an earnest money (arras) contract without a feasibility report; review the neighbourhood (8% cap), the building (access/utility setup), the homeowners’ association (bylaws) and potential regulatory changes.

• If you were preparing to register: with the moratorium, no new registrations will be accepted until it lapses; evaluate alternatives or other municipalities.

FAQs on the Moratorium on Tourist Dwellings in Málaga City

When does the moratorium come into force?
From the publication of the municipal agreement in the Provincial Official Gazette (BOP). Until then, the previously approved rules remain in effect (saturated neighbourhoods and access/utility requirements).

Does it affect my already-registered Holiday Rental?
Not by itself; you must comply with tourism and urban-planning regulations. The Andalusian Tourism Register can cancel the registration if any required Responsible Declarations or other requirements are missing, or if there are inaccuracies.

What’s the difference between dwellings for tourist use and tourist apartments?
They are different regimes: holiday rentals are dwellings that provide tourist accommodation, whereas tourist apartments are establishments subject to other conditions and licences.

At Pérez Parras Economists and Lawyers in Malaga and Nerja we specialise in Tourism Law, and have helped many property owners in Malaga to buy a property, business premises, building or car park, or sell a property in Malaga and, in many cases, to register the property as a tourist property. If you are going to buy a property or flat with the intention of exploiting it or renting it out as tourist accommodation, you should seek advice from lawyers who are experts in tourist flats and Communities of Neighbours, in order to buy a property in a Community of Owners that does not have prohibitions on the exploitation of new tourist accommodation, or even limitations. Furthermore, if you wish to buy a property, business premises, building or car park, or sell a property, at Pérez Parras Economists and Lawyers we are experts in the purchase and sale of properties, with a team of lawyers and economists who will be able to advise you to avoid surprises. Do not hesitate to contact us and ask us for a quote to accompany you in the process of buying or selling your home. We will prepare and review your earnest money contract after ensuring that the purchase you wish to make is viable and secure, without hidden charges, and we will help you and process all the taxes associated with your purchase and sale operation, optimising for example the IRPF to be paid if the property comes from an inheritance, advising you until the end of your purchase, or sale of the property, including the tax submission and any other procedure with the Administration or Land Registry. We are expert lawyers in Immigration Law, and specialised in obtaining Visas and Residence Permits in Spain under the Law to Support Entrepreneurs and their Internationalisation. We can help you with all the legal and ecomincal matter for the purchase or rental of your property in Malaga.