Málaga maintains a city-wide suspension on new tourist housing (VUT). It began on 23 August 2025 and has a maximum duration of three years, unless the urban-planning modification in progress is approved sooner. So buying a home does not guarantee it can later be used as a tourist rental: urban compatibility and the other requirements must be checked before closing the deal.

When did the suspension begin, and until when?

In August 2025, Málaga City Council approved the start of a modification to the PGOU aimed at regulating tourist and residential uses. Acting under Andalusia’s Decreto-Ley 1/2025 (24 February 2025), which allows municipalities to suspend tourist-use licences while a planning modification is underway, the agreement was published in the BOP on 22 August 2025, and the suspension of new VUTs took effect the next day, 23 August. The measure lasts a maximum of three years, but can end earlier if the replacement urban-planning regulation comes into force first.

The key point for owners and investors: this is not a simple administrative pause. While it’s in effect, the fact that a property has residential use does not, by itself, allow it to be converted into a new VUT in Málaga city.

What it means if you want to buy

Buying a home and being able to operate it as tourist accommodation are two different things. Before buying with a holiday-rental strategy, check at least:

• The property’s urban compatibility with tourist use under current municipal planning.
• Its specific standing before the Junta de Andalucía’s tourism regulations.
• The statutes and agreements of the community of owners, and any limit on tourist use.
• The Land Registry information and the property’s legal situation.
• Conditions that may affect registration, advertising and operation on digital platforms.

In short, the investment test isn’t “the property is in Málaga and has tourist demand” — it’s “the property can be legally operated under the applicable rules, and that’s documented.”

A relevant 2026 development

Things did not freeze in 2025. On 16 July 2026, the City Council plenary gave initial approval to Modification No. 28 of the PGOU-2011 (PL 7/2026), aimed at limiting accommodation use as an alternative to residential use and regulating certain changes of use. The file is still in process, so its rules should not be treated as the final applicable regime yet.

For an investor, that adds a consideration: even though the suspension has a three-year maximum horizon, you shouldn’t assume every home will automatically obtain tourist authorisation at the end of it. The resulting regulation may set additional or more permanent conditions.

The community of owners matters too

Urban compatibility isn’t the only filter. Under the Horizontal Property Law, new tourist-rental activity in a property under horizontal ownership requires the community’s express approval on the terms the law provides. The majority needed to approve, limit, condition or prohibit the activity is three-fifths of the total owners and participation quotas.

So before buying, review the community’s statutes, its agreements and its registry status. In investment deals, this check can stop an apparently attractive property from carrying a limit that reduces or prevents tourist use.

And the national short-term rental register?

The state framework created by Royal Decree 1312/2024 for the Single Register of Leases and the Digital Single Window saw significant change in 2026: several core provisions on the single-registration procedure were annulled by Supreme Court rulings, and the consolidated BOE text reflects those annulments. So the national register should not be presented as a substitute for the corresponding urban and tourist checks in Málaga.

The practical takeaway: a home should not be marketed on a supposed “automatic right” to rent short-term. Verify the specific legal situation before investing and before listing on platforms.

What to check before buying

Is Málaga closed to investors?

Not necessarily. The suspension affects new VUTs, but Málaga’s property market doesn’t depend on that model alone. Long-term rentals, seasonal rentals and other approaches exist, and their viability has to be judged by property, demand, applicable rules and the investor’s goal. The question isn’t just finding a “cheap” or well-located property — it’s identifying one whose operating strategy is legal, sustainable and profitable under the current rules.

Note: As of August 2026, the municipal suspension of new VUTs is still in force and the urban-planning regulation is still under review. That makes pre-purchase due diligence a particularly important part of any tourist-rental operation in Málaga.

Thinking of buying with tourist-rental intent?

Price, location and demand aren’t enough. The first question is whether the property can be legally used for that model, and under what conditions. At Logianta we help owners and investors analyse a property’s situation, assess its potential, and manage the steps needed to decide before buying.