Zembelo GuideLetting Journey

Legal Requirements

Letting Journey — Step by step

Ensure your property complies with all local regulations, including tourist licenses for vacation rentals.

As a landlord in Marbella, you face a complex landscape of licenses, taxes, and local regulations. Zembelo is an independent and free partner that helps you professionalize your rental business step-by-step.

Navigating VFT licenses and the 2024 rental regulations

If you are letting shorter than 2 months, you NEED a VFT (Vivienda con Fines Turísticos) license. Since 2024, Marbella has tightened these rules significantly. Now, homeowners' associations (Comunidades) have the power to vote by a 3/5 majority to restrict or ban new tourist licenses in their buildings. It is crucial to check the community statutes (*Estatutos*) before you invest or list.

Securing the right documentation for legal letting

You also need a valid LPO (Licencia de Primera Ocupación) and an Energy Certificate (CEE). Without these, you are liable for heavy fines and cannot legally register your guests with the police, which is mandatory for all holiday rentals. Zembelo only recommends reputable legal experts to ensure your legal foundation is flawless.

Advisor Insight

"Check your community statutes BEFORE you buy or invest. If they have voted against vacation rentals, your VFT license might be useless."

What usually happens

  • Confirm VFT license eligibility with a gestor
  • Verify your CEE is less than 10 years old
  • Obtain professional legal advice on the difference between LAU (Long term) and touristic law
Timing
Week 1-2
People
Landlord, Technician, Lawyer
Cost

Prepare

    Risks

    • Hefty fines for rentals without a tourist license

    Expert Q&A

    Fines in Andalusia are significant, ranging from €3,000 to €150,000. Additionally, platforms like Airbnb will delist your property immediately if you cannot provide a valid registration number.
    Yes. In most cases, a 3/5 majority can vote to ban new licenses. If you already have one, you have more protection, but always verify this with a lawyer as laws are tightening.
    No. If you rent for longer than 2 months to the same person, you do not need a tourist license. You will then operate under the standard Rental Law (LAU).
    Yes. For any stay under 31 days, you must register every guest over 14 in the police 'Hospederías' system within 24 hours. Failure to do so can result in large fines.
    The 'Licencia de Primera Ocupación' proves the property is fit for living. Without it, you cannot obtain a tourist license. If your house is old, you may need an 'AFO' certificate instead.