Malaga has implemented a three-year moratorium on new licences for tourist apartments and certain tourist accommodation.
Malaga’s city-wide, three-year ban on new tourist accommodation licenses officially took effect on Saturday, 25 July 2026. Published in the Official Provincial Gazette (BOP) on 24 July 2026, this strict moratorium blocks the creation of all new tourist apartments (Viviendas de Uso Turístico or VUTs) and hotels on plots designated for residential use. The restriction expands previous neighborhood-specific rules to cover the entire municipality.
RNew tourist flats and hotels are entirely blocked on residentially zoned plots and developments are permitted on designated commercial plots only. The ban lasts up to three years while the city updates its General Urban Development Plan (PGOU).
Existing short-term rental permits remain valid and can legally continue operating. Planning files submitted before 24 July 2026 will still be processed under old rules. Converted commercial spaces are allowed for permanent housing, but strictly banned for tourism.
For current owners: Existing licensed properties will likely see a boost in valuation and rental demand due to capped supply.For real estate investors: Buyers must pivot to mid-term rentals (32 days to 11 months) or target nearby municipalities like Marbella.
The law aims to ease severe housing shortages and stop the displacement of locals caused by mass tourism.
The measure, part of updates to the city’s urban development plan, is designed to prioritise residential housing over tourism to address housing shortages and the pressures of mass tourism. It prevents conversions of residential properties into holiday lets across the municipality, though applications submitted before 24 July continue under previous rules.
The city, which has over 12,000 licensed holiday apartments, follows a trend in Spain where destinations like Barcelona are also tightening short-term rental regulations. Critics from the tourism sector argue it could threaten jobs without solving underlying housing issues.
