Does a holiday flat pay a higher waste charge? The refuse charge in Torremolinos, Málaga, Benalmádena and Fuengirola (2026)

Short answer: it depends on the municipality, because the waste charge is set by each town hall in its fiscal by-law, and on the Costa del Sol there are four different answers. Torremolinos: since 2025 tourist homes pay the non-domestic tariff, around €500 a year (a normal home, €150-200). Fuengirola: since 2024 they pay tariff B, the one for hotels and hostels, by square metre, and lose the IBI rebate. Málaga city: they have their own heading in the business activities by-law, by places: from €63.90 (up to 4 places) to €255.60 (more than 12); the new charge that would treat them as homes has been frozen since June 2026. Benalmádena: no specific heading, they pay like a home (€45.08 in a block, €90.15 terraced, €135.23 detached).

Why has all this changed in 2025?

Law 7/2022 on waste requires all town halls to levy a charge covering the real cost of collecting and treating waste, with a deadline of April 2025. Almost all municipalities have rewritten their by-law, and several have taken the opportunity to treat tourist homes as a business activity rather than a household. The result is different on each side of every municipal boundary.

Torremolinos

On 19 December 2024 the Plenary approved the amendment of fiscal by-law no. 4 (charge for waste collection, transport and treatment): tourist dwellings move from the domestic tariff to the industrial one, "because the nature of this activity is commercial". The town hall estimated about 5,000 homes with a licence applied for and €250,000 more revenue in 2025.

In practice, from the receipts we see in the statements of the owners we manage, the annual amount comes to around €500 per tourist home; a home that is not a tourist home does not exceed €150-200. It is a fixed cost for the owner and deductible on the tax return in proportion to the rented days (Deductible expenses).

Fuengirola

The town hall announced on 13 August 2024 that tourist dwellings move to tariff B of its waste by-law, "the one reserved for hotels, hostels, guesthouses", according to the square metres of the property, and that it withdraws the 30 % IBI rebate enjoyed by registered-resident owners. We have not found the updated tariff table in a publicly accessible source, so the exact amount for your flat is on your receipt or in the by-law at the e-office.

Málaga city

Here what is paid today must be separated from what was announced. Today by-law no. 19 applies (waste charge for business activities), which has its own heading, 5.7 "tourist dwellings", by places:

It is the business receipt, separate from the home's. In November 2025 the town hall presented a new charge (the one required by Law 7/2022) in which tourist homes would no longer have a heading and would pay like a home, with occupancy calculated on 75 % of their maximum places; but on 29 June 2026 the town hall itself froze its collection indefinitely, "until it has full legal guarantees". Until it is approved and published, heading 5.7 continues. We will review it when it changes.

Benalmádena

The waste by-law has no heading for tourist homes. Tariff A (homes) charges €45.08 a year for a flat in a block, €90.15 for a terraced or semi-detached house and €135.23 for a detached house; tariff B (premises and hotel accommodation) goes by the property's cadastral use, so a flat with residential use in the Cadastre does not fall under it. It is by far the cheapest of the four municipalities for this receipt.

How do I check mine?

1. Find the flat's waste receipt (sometimes it comes with the water bill or the IBI).
2. At the town hall's e-office, the fiscal by-law on the waste charge has a tariff table: see whether there is a heading "tourist dwelling", "lodging" or "accommodation", and with how many places or square metres you have been registered.
3. If you have stopped renting, communicate the change to go back to the domestic tariff.

Does the owner or the manager pay it?

The owner: it is a tax on their property, like the IBI. A manager can advance it and deduct it on the statement, but it is your expense. Be wary of anyone who presents it as a "gift": they are building it into the commission.

Can it be challenged?

The non-domestic tariff for tourist homes has been disputed in several municipalities and some courts have ruled in specific cases, but that is territory for a tax lawyer and for each by-law. What you can do without a lawyer: check that the receipt corresponds to the right category and to the real places in your registration.