Is Airbnb legal in Malaga?

Airbnb Regulations in Malaga: A Brief Overview

As of December 2024, Malaga is implementing a significant legislative change regarding short-term rentals (STRs), particularly affecting areas classified as "saturated." This new regulation stems from a study identifying 43 districts in the city where holiday rentals constitute 8% or more of the residential housing stock, leading to a precautionary suspension on the registration of new holiday rentals in these zones. An additional 32 areas are identified as "at risk of saturation," where STRs already represent over 4.53% of residential properties.

Key areas affected include the historic quarter of El Ejido, La Merced, and numerous beachside neighborhoods such as La Malagueta and El Palo. The city council is fortified by a royal decree effective January 2025, mandating a national register for short-term rental properties, which will facilitate the identification and regulation of these rentals.

Licensing and Operational Standards: To legally operate in Malaga, hosts must acquire a Vivienda con Fines Turísticos (VFT) license from the Junta de Andalucía, accompanied by a series of stipulations: - The property must meet safety and quality standards, including minimum size requirements and essential amenities. - Obtaining the necessary authorization from the community of owners if operating in an apartment complex. - Liability insurance and the registration number must be provided in all listings.

Tax Obligations and Compliance: Short-term rental income is subject to taxation, with varying obligations for residents and non-residents. Compliance includes: - Reporting guest details to local authorities within 24 hours. - Registering for applicable taxes, including a 10% VAT for certain additional services. - Non-resident landlords face a flat tax rate of 24% on income.

Enforcement Measures: Authorities in Malaga actively enforce STR regulations through regular inspections and compliance checks. Non-compliance can lead to severe penalties, including fines, loss of licenses, and even criminal prosecution in certain cases.

In summary, aspiring Airbnb hosts in Malaga must navigate a complex regulatory landscape that emphasizes compliance and sustainability, driven by the city's commitment to maintaining a balance between tourism and housing availability for residents. This effort aims to combat over-tourism while promoting responsible rental practices in one of Spain's most popular destinations.