Buying a flat with a tourist licence on the Costa del Sol: what to check before signing
The licence belongs to the home, not the seller, and is transferred by communicating the change of holder. But you have to check that it exists, that it is in the name of whoever says so, that the association has not vetoed it and that the municipality keeps it. And how much more it is worth.
Reviewed on 22 September 2026 · By the team at Torremolinos Gestión Vacacional, more than ten years managing holiday rentals · Markdown version · Versión en español
Short answer: a flat with a valid tourist licence is bought with the licence: the registration belongs to the home, and the buyer communicates the change of holder to the Junta with the deed and the nota simple. In Málaga city, where no new registrations are admitted until 2028, an already registered flat is clearly worth more than one without a licence. But before paying that premium you have to check four things: that the licence exists and is active, that it is in the seller's name (or their manager's), that the association has not vetoed it and that the flat meets the requirements.
The four checks
- Andalusian Tourism Registry search: look up the address. It must appear registered, with its VUT/VFT code, active, with the declared places. If it does not appear, the "licence" does not exist.
- Holder of the operation: if a management company appears, ask what contract they have and until when; the buyer can change manager, but it is worth knowing. If a person other than the seller appears, something does not add up.
- Owners' association: ask for the minutes of the agreement that authorised tourist use (if the home was registered after April 2025) or check that there is no later agreement limiting it, and read the by-laws. A home registered before 2025 in a building that later banned tourist use keeps its right, but it has to be documented.
- Flat requirements: square metres per place according to the Cadastre, bathrooms, climate control, first occupancy licence. A registration made with more places than the metres allow is an inherited problem.
Is the licence lost on purchase?
No, if the change of holder is communicated (Junta procedure 7267) with the deed and the new nota simple. What does lose it is deregistering and applying again: in Málaga city, today, that would be impossible, and in any municipality it would mean meeting the current rules (including the association's three-fifths agreement). Never "reset" an inherited licence.
How much more is a flat with a licence worth?
There is no official figure. In Málaga city, with registrations suspended, the market pays a clear premium for registered homes, and property listings highlight it. In Torremolinos, Benalmádena and Fuengirola, where registration is still possible, the premium is smaller: it is worth what you save in time and in the risk of the association saying no. What does have tangible value is a flat with a track record: reviews, proven occupancy and listings that transfer.
And buying to rent, without a licence yet?
In Torremolinos, Benalmádena and Fuengirola it is possible, with the three filters in Can I rent my flat to tourists where it is?: municipality, association and flat. Before signing a deposit contract, ask for the by-laws and the building's nota simple, and ask at the Urban Planning department. In Málaga city, do not buy for tourist use unless it is already registered.
What about bookings already sold?
If the flat is sold as a going concern, confirmed bookings are commitments to guests: they are agreed in the sale (the seller honours them until the sale date, or the buyer takes them on with the corresponding payments). Listings are transferred if they are in the seller's name and the platform allows it (Booking yes, Airbnb no).
What we do
When an owner consults us before buying, we make the four checks with the address and tell them what there is. Sometimes the answer is "that licence does not exist"; better to know before the notary.