Planning compatibility certificate for a tourist home: what it is, when you need it and how to apply in Torremolinos, Benalmádena, Fuengirola and Málaga

Short answer: in Andalusia there is no mandatory planning compatibility certificate for all tourist homes. What there is is a declaration: when registering the home with the Junta you state that it «is compatible for use as a tourist home in accordance with the applicable planning rules» (art. 9.1.e of Decree 28/2016). But that sentence has consequences: if it turns out not to be compatible, the town hall notifies the Junta and the registration is cancelled (art. 9.3). And in municipalities that have regulated tourist use under Decree-law 1/2025, you also need a licence or responsible declaration for change of use. That is why, even if nobody asks you for it, it is worth asking the town hall in writing before investing. None of the four Costa del Sol municipalities we cover has a procedure named «tourist home», but they all have one that does the job.

What exactly do the rules say?

Since Decree-law 1/2025, Decree 28/2016 requires two things:

• Requirement (art. 6.1.a): «To comply with municipal planning rules and to hold, where applicable in accordance with article 6 of the Decree-law on urgent housing measures, the licence or responsible declaration that allows the property to be used for tourism».
• Declaration (art. 9.1.e): stating that the home is compatible with the planning rules and that it has, where required, that licence or responsible declaration for change of use.

The «where applicable» refers to article 6 of Decree-law 1/2025: in municipalities that declare overriding reasons of general interest, residential use «will not by itself enable» tourist use; the plan has to provide for compatibility and you have to obtain the licence or file the responsible declaration. And the municipality can suspend new tourist homes for up to three years. We explain it in What if my municipality has a moratorium?.

So when do I really need it?

What should I ask?

In writing, with the address, the cadastral reference and, if you have it, the land registry extract:

1. Is tourist home use (Decree 28/2016) compatible with the planning in force on this property?
2. Is there any suspension of licences or responsible declarations for tourist homes affecting the area?
3. Is a licence or responsible declaration for change of use needed to use it as a tourist home?
4. Is the building in any special planning status (outside planning rules, «asimilado a fuera de ordenación»)?

A report that answers all four protects you if someone later questions the registration.

How do I apply in each municipality?

Checked on the online portals on 3 October 2026:

Response times are not given on the information sheets. Expect weeks, not days, and apply before signing the purchase or commissioning the renovation.

What if the report is negative?

Do not register the home: you would be declaring something false and the Junta would cancel the registration as soon as the town hall reported it. You are left with seasonal rentals (more than two months to the same tenant), long-term rentals or buying a flat that already has a licence (Tourist or long-term rental?).

What if my home is already registered?

Suspensions and plan changes affect new homes: those registered before keep operating, can be sold with the licence and can change manager. But if a town hall finds that a registered home was never compatible, it can notify the Junta so that it cancels it (art. 9.3). If you registered without checking and have doubts, the same procedure will settle them.