Law 5/2025, of 16 December, on Housing in Andalusia

Law 5/2025, of 16 December, on Housing in Andalusia (BOJA no. 247, of 24 December 2025; BOE no. 7, of 8 January 2026; BOE-A-2026-423) entered into force on 24 January 2026. The law establishes and updates the general legislative framework for housing in Andalusia and replaces several previous regional laws concerning housing. The text was subject to a correction of errors published in March 2026.

Purpose and scope

The law establishes the framework for public authorities' action in the field of housing and introduces measures concerning housing planning, protected housing, the quality and rehabilitation of the residential housing stock, real-estate intermediation and consumer protection.

Its main elements include:

• Coordination of housing policies with territorial and urban planning.
• Housing planning through the Andalusian Housing and Land Plan, municipal and supramunicipal plans, and priority housing areas.
• Updated rules governing protected housing.
• Measures concerning housing quality, sustainability, accessibility and rehabilitation.
• The creation of the Register of Specialised Residential Real-Estate Agents of Andalusia, a public, administrative, free-of-charge and mandatory register, whose implementation requires further administrative development.
• An enforcement and penalty regime covering housing and protected housing.

Relationship with tourist rentals (VUT)

The explanatory memorandum recognises the need to maintain a balance between residential use and economic or tourist activities carried out in dwellings. It also identifies tourist rental activity as an economic activity regulated by the relevant sector-specific legislation.

For VUT operators, the most direct legal effect concerns protected housing. Article 72 expressly prohibits using a protected dwelling for tourist or temporary accommodation purposes, wholly or partially, including use by room.

The specific regulation of VUTs continues to fall primarily under Andalusian tourism legislation. Law 5/2025 should therefore be regarded as a complementary housing framework, particularly relevant where a dwelling is subject to a protected-housing regime or where housing policy and urban planning affect the balance between residential and other uses.

Relationship with urban planning

The law establishes the need for coordination between housing policies and territorial and urban planning instruments. Article 22 expressly regulates this coordination and assigns the competent regional housing authority reporting functions in relation to certain urban planning instruments concerning residential land.

Law 5/2025 also amends Law 7/2021, of 1 December, on the promotion of sustainability in the territory of Andalusia and its implementing regulations, particularly regarding protected-housing planning and land reservations.

Relevance for VUT operators

Law 5/2025 does not replace the specific tourism legislation governing VUTs. Its relevance for AML is mainly concentrated in three areas:

• Protected housing: prohibition of tourist or temporary accommodation use, wholly or by room (art. 72).
• Housing and urban planning: coordination of residential policies with municipal and territorial planning (art. 22).
• Local authorities: strengthened municipal powers in certain housing matters, including unauthorised residential use.

Important monitoring note

This law is a general housing framework rather than a specific VUT regulation. AML should particularly monitor its implementing regulations, the launch of the Register of Specialised Residential Real-Estate Agents of Andalusia, and planning instruments or regulatory developments that may affect the balance between residential and tourist use.