Legal Framework in Andalusia

Tourist Use Properties (Viviendas de Uso Turístico, VUT) are dwellings rented to tourists for short stays (up to 31 days) for payment, outside the hotel sector. In Andalusia they are regulated by Decree 28/2016, as amended by Decree 31/2024 (BOJA no. 24, 02/02/2024).

Changes introduced by Decree 31/2024

• Renames VFT (Viviendas con Fines Turísticos) as VUT (Viviendas de Uso Turístico). Existing codes in the format VFT/MA/00000 are automatically converted to VUT/MA/00000.
• Introduces the figure of the Empresa Explotadora (operating company): a professional manager administering one or more VUTs on behalf of the owner must register as such in the responsible declaration.
• From 3 April 2025, new VUTs in buildings under horizontal property regime require approval by 3/5 of the owners (representing 3/5 of participation shares). VUTs already registered before that date are retrospectively exempt.
• Local councils may set limits on the maximum number of VUTs per building, area or period, justified by reasons of general interest.

Structural requirements currently in force

• Minimum floor area: 25 m² of principal living space; 14 m² per guest place.
• Maximum capacity: 15 guest places (whole property) or 6 guest places (by room, with owner registered as resident).
• Climate control: cooling mandatory for properties operating in May, June, July or August; heating mandatory for properties operating in December, January, February or March.
• Mandatory equipment: smoke detector, fire extinguisher, first-aid kit, local tourist guide (digital format accepted), selective waste separation facilities, official complaints forms displayed visibly.

Registration procedure

Online responsible declaration (declaración responsable) submitted through the Junta de Andalucía electronic office. Registration takes effect immediately upon submission; the Junta may carry out subsequent inspections. The assigned code follows the format VUT/MA/00000 (MA = Málaga).