Buying a property in Málaga and on the Costa del Sol is still perfectly possible. What buyers should no longer assume, however, is that a property can automatically be used for any purpose once the purchase has been completed.
This has become particularly relevant in 2026 as restrictions on tourist rental properties have increased. In August 2025, Málaga City suspended the establishment of new tourist-use properties throughout the municipality for a maximum period of three years, or until the proposed planning amendment is definitively approved if this happens sooner.
For a foreign buyer considering a property in Málaga, the question should therefore go beyond whether these restrictions mean that investing is “no longer worthwhile”. A more useful question is: what can this particular property legally be used for? In this article, we explain what foreign buyers need to know.
What is happening with tourist rentals in Málaga?
The growth of properties used for tourist accommodation has changed the residential market in many Spanish destinations. This is particularly relevant in Málaga because of the combination of strong tourism demand, domestic and international buyers, second homes and people choosing to settle permanently in the province.
Foreign buyers represent a significant proportion of the market. According to data from the Spanish Association of Registrars, foreign buyers accounted for 32.8% of residential property purchases in the province of Málaga during 2025. In other words, approximately one in every three transactions involved an international buyer.
This figure helps illustrate the importance of the international market in Málaga, although it should not be directly linked to the restrictions on tourist accommodation. The measures introduced by public authorities respond to broader concerns, including the availability of housing for residents, the concentration of tourist accommodation in certain areas, coexistence between neighbours and the balance between residential and tourist uses.
Andalusia has given local councils greater regulatory powers
The regional framework changed significantly with Andalusian Decree 31/2024.
Among other measures, the regulation reinforced the requirement for tourist-use properties to comply with local planning rules and recognised the ability of local councils to introduce restrictions in specific areas where there are justified reasons of public interest.
This allows a municipality to limit the number of tourist properties in a building, sector, neighbourhood or specific area, provided the restrictions comply with the requirements established by law.
For this reason, a general answer to the question of whether a property can be used for tourist accommodation in Andalusia may not be enough. The rules of the relevant municipality, the exact location of the property and the circumstances of the building must also be considered.
Málaga moved from restricting certain areas to suspending new tourist properties
Málaga City had already started introducing restrictions before the general suspension. In January 2025, a limitation came into force affecting 43 neighbourhoods where tourist properties represented more than 8% of the residential housing stock. Different criteria applied in other areas depending on their level of tourist accommodation concentration.
The City Council took a further step in August 2025 by starting an amendment to the General Urban Development Plan aimed at jointly regulating residential and tourist use. While this process is underway, the establishment of new tourist-use properties has been suspended throughout the municipality of Málaga.
The measure came into force on 23 August 2025.
What does the restriction of up to three years actually mean in Málaga?
The three-year period can be confusing when taken out of context.
The municipal measure concerns the establishment of new tourist-use properties while the planning amendment is being developed. The suspension will remain in place until that amendment receives final approval or, if the procedure continues for longer, until the maximum three-year period is reached.
There is therefore no fixed date on which buyers can assume that the previous rules will automatically return. The future position will depend on the final content of the planning amendment that is eventually approved.
For a prospective buyer, the practical issue is to understand which uses are permitted at the time of purchase and avoid basing the transaction on a future expectation that cannot currently be guaranteed.
You can still buy property in Málaga
The restrictions on new tourist-use properties do not prevent someone from purchasing a home. A foreign national can still buy property in Málaga to make it their main residence, use it as a second home, spend part of the year in Spain, hold it as a long-term asset or use it for other purposes that are legally permitted.
Difficulties can arise when the purchase decision depends on the expectation of using the property specifically for tourist rentals.
A home may be perfectly suitable for living in or spending several months of the year there while, at the same time, not being eligible for registration as a new tourist-use property.
Check the permitted use before doing the financial calculations
Consider a common situation.
A foreign buyer finds an apartment in Málaga and the property advertisement describes it as having strong potential for holiday rentals. The buyer calculates the acquisition costs and estimates possible tourist rental income before completing the purchase.
The problem arises if those calculations depend on an activity that cannot legally be started afterwards.
Expressions such as “ideal investment”, “perfect for Airbnb” or “excellent tourist rental potential” are marketing claims. On their own, they do not confirm that the property can legally be used for tourist accommodation.
If the financial viability of the purchase depends on that use, it should be verified before signing contracts or paying substantial amounts of money.
Can foreigners still buy property in Málaga?
Yes. Restrictions on tourist rentals do not prevent foreign nationals from buying property in Málaga or elsewhere on the Costa del Sol.
The purchase continues to follow the usual legal process, including checking ownership of the property, reviewing information held by the Land Registry, identifying possible charges, confirming the property’s planning status, checking debts associated with the property and preparing the documentation required to complete the public deed of sale.
If you are still considering a potential purchase, you can read our guide to the legal process for foreigners buying a home in Spain, where we explain the main stages of a Spanish property transaction in more detail.
The purpose of the purchase determines what needs to be checked
The word “investment” can mean very different things to different buyers.
Some people look for a property that will be rented from the outset. Others want a second home that they expect to keep for many years. Some buyers purchase with the intention of moving to Málaga in the future or spending part of their retirement here.
The importance of the tourist rental restrictions will vary in each case.
An apartment that cannot be registered as a new tourist-use property may still be suitable for someone who wants to live in Málaga. For a buyer whose financial plan depends entirely on holiday rental income, the same property may no longer meet their objectives.
Defining the purpose of the purchase before deciding whether a particular property is suitable can therefore save considerable difficulties later.
Buying to live, buying a second home or investing
Restrictions on tourist accommodation affect buyers differently depending on how they intend to use the property.
Buying a property to live in Málaga
If your objective is to establish your main residence in Málaga, tourist rental regulations are unlikely to be the main factor in your decision.
Other matters may be much more important, including location, the property’s legal and planning status, community fees, taxes associated with the purchase and your own personal requirements.
Immigration and tax considerations may also arise when a buyer intends to move their residence to Spain.
In this situation, the property can continue to serve its residential purpose regardless of whether it can also be used as tourist accommodation.
Buying a second home
Many international buyers purchase property on the Costa del Sol to use during certain periods of the year.
They may spend several months in Spain, want a family holiday home or plan to retire here in the future.
Where personal use is the main purpose of the purchase, the inability to start a tourist rental activity may be of secondary importance.
The position changes when the buyer needs to generate income during the months in which they are not using the property. In that situation, it is worth examining in more detail which types of rental may be legally available and under what conditions.
Buying with a return on investment in mind
Buyers who rely on tourist rental income to make the purchase financially viable should pay particular attention to the current regulations.
If the figures only work when the property can be rented to tourists for short stays, that possibility should be confirmed before the buyer commits to the transaction.
Other rental models may be available, but each has its own legal, contractual and tax framework. Moving from a tourist rental model to another type of tenancy may therefore require a different form of planning.
The investment model should be built around the uses that the property actually permits.
Do the same restrictions apply across the Costa del Sol?
No. This is particularly important for buyers searching for property from abroad.
Málaga City is one specific municipality, while the Costa del Sol includes numerous towns and cities with different property markets and planning rules.
Marbella, Estepona, Mijas, Fuengirola, Benalmádena, Torremolinos, Manilva, Torrox and Vélez-Málaga, among other municipalities, are not automatically subject to decisions made by Málaga City Council.
Regional legislation provides a common framework for Andalusia, but individual local authorities may introduce certain measures within their own powers.
The specific property must be analysed
Asking whether it is possible to buy a property on the Costa del Sol and rent it to tourists provides limited information unless the exact location is known.
A useful assessment requires looking at the municipality, the building, the individual property and the regulations in force at the relevant time.
Even two apartments located close to each other may be in different legal situations. One could be in a municipality with particular restrictions while the other is subject to different rules. Differences can also exist between two properties in the same building when one tourist rental activity began before later regulatory changes.
The legal position of each property should therefore be assessed individually.
What to check if you want to buy a property for tourist rentals
When holiday rentals form part of the purchase plan, the relevant checks should be carried out before making significant commitments.
Several factors can determine whether the proposed use is viable.
Local planning regulations
Andalusian regulations require tourist-use properties to comply with municipal planning rules.
Local authorities may also introduce geographical restrictions or establish specific conditions within the applicable legal framework.
Málaga City is a good example of how quickly this situation can change. Regulation has evolved significantly since 2024 and the City Council continues to work on the planning rules that will govern the relationship between residential and tourist use.
Relying on information obtained several years ago can therefore be risky when making a purchase today.
The community of owners
Since 3 April 2025, Spain’s Horizontal Property Law requires an owner who wants to start a tourist activity in a property subject to this regime to obtain the prior express approval of the community of owners, under the conditions established by law.
As a general rule, approval requires the favourable vote of three fifths of the total number of owners, who must also represent three fifths of the ownership shares.
The law also addresses the position of certain tourist activities that were already being carried out before the amendment came into force.
In addition, the community statutes may contain provisions affecting the tourist use of individual properties. Reviewing only the municipal regulations may therefore leave an important part of the legal position unchecked.
The specific situation of the property
The fact that another apartment in the same building is advertised as tourist accommodation does not confirm that a new tourist activity can be started.
That owner may have begun operating under earlier regulations or may have a different legal position.
The same applies if the property you are considering has previously appeared on tourist rental platforms. It is important to check what authorisation existed, when the activity started and what its current legal status is.
The wording of the property advertisement
Marketing claims in a property listing do not replace legal verification.
If a seller or estate agent presents a property as suitable for holiday rentals, the buyer should independently confirm that possibility when it is an essential part of the decision to purchase.
Operating tourist accommodation without complying with the applicable requirements can result in fines and an obligation to cease the activity. We explain these consequences in more detail in our article on the risks of renting a tourist property without a licence in Spain.
Are there still more affordable areas to buy on the Costa del Sol?
Yes. The Costa del Sol includes very different property markets.
Málaga City, Marbella and certain parts of Estepona attract particularly strong international demand, but they do not represent the entire provincial market.
For buyers who do not need to be in the best-known locations, widening the search area may reveal interesting alternatives. Municipalities such as Manilva, Torrox and Vélez-Málaga, among others, have different pricing dynamics from some of the coast’s main property hotspots.
In our guide to the most affordable places to buy property on the Costa del Sol in 2026, we look at several alternatives for buyers who want to explore locations beyond the areas with the strongest international demand.
The purchase price should be considered alongside the legal position
An attractively priced property may have circumstances that significantly affect either the true cost of the transaction or the buyer’s ability to use it as intended.
Before buying, it is advisable to investigate matters such as charges, outstanding debts, planning problems, unregularised extensions, community fees, restrictions on use and possible difficulties relating to the activity the buyer wants to carry out.
Paying less for a property quickly loses its appeal if problems later emerge that prevent it from being used as planned.
Widening the search can make sense
Not every buyer needs to be in central Málaga, Marbella or directly on the beachfront.
Some people prefer more space, a quieter area or a more residential environment. For others, proximity to schools, services, public transport or road connections matters more than tourist rental potential.
The right place to buy will depend on the buyer’s budget, intended use, lifestyle and long-term plans.
What should you check before signing a property purchase?
The restrictions on tourist accommodation make a prior legal review particularly advisable when a property is being purchased as an investment.
Before signing a contract or paying significant amounts, buyers should consider checking:
- the identity of the seller and legal ownership of the property;
- the Land Registry information and any existing charges;
- the planning status of the property;
- outstanding community fees and relevant local taxes;
- the statutes and resolutions of the community of owners;
- any applicable municipal restrictions;
- the status of any previous tourist rental activity;
- whether the buyer’s intended use of the property is legally viable.
These checks should always be carried out with the specific purpose of the purchase in mind.
First, define why you are buying
A buyer who intends to make Málaga their permanent home needs to examine different issues from someone purchasing specifically for holiday rentals.
The analysis will also differ where the property is intended as a second home, a future retirement property or a home that the owner hopes to rent during certain periods of the year.
Defining the objective from the outset makes it easier to assess the transaction properly and identify potential incompatibilities before they become a problem.
The property should fit that objective
Discovering a restriction before buying allows the buyer to make a decision with all the relevant information available.
Discovering the same restriction after signing can create a much more difficult situation.
For this reason, legal advice before a Spanish property purchase should also take into account the use the buyer intends to make of the property.
In Málaga, where tourist accommodation regulations continue to evolve and international demand for property remains high, this type of review deserves particular attention.
Frequently asked questions about buying property and tourist rentals in Málaga
Yes. Restrictions affecting new tourist-use properties do not prevent foreign nationals from purchasing property in Málaga. Property transactions remain possible and should be carried out subject to the usual legal checks.
The situation requires a more precise explanation. Since August 2025, the establishment of new tourist-use properties has been suspended throughout the municipality of Málaga while a planning amendment is being processed. Properties that were already operating as tourist accommodation may be in different legal situations and should be assessed individually.
The municipal decision provides that the suspension will remain in place until the relevant planning amendment receives final approval, subject to a maximum period of three years. The situation could therefore change sooner if the new planning rules come into force.
Yes. The suspension affecting new tourist-use properties applies to that specific use and does not generally prevent someone from buying a property to use as their home.
No. Each municipality may have a different position. A property in Marbella, Estepona, Mijas, Fuengirola or any other municipality on the Costa del Sol should be assessed according to the rules applicable in that location and the circumstances of the individual property.
It is advisable to review the municipal regulations, the property’s planning status, the statutes and resolutions of the community of owners, any previous tourist rental activity and the relevant regional requirements. The need for prior approval from the community of owners under Spain’s Horizontal Property Law should also be taken into account where applicable.
Buying in Málaga in 2026 means being clear about the purpose of the purchase
Restrictions on tourist rentals are changing part of Málaga’s property market, but foreign buyers can continue to purchase homes in the city and throughout the Costa del Sol.
Many buyers want a property to live in, spend part of the year in Spain or hold for the long term. In those cases, the ability to begin a tourist rental activity may have little relevance. For someone purchasing specifically to generate income through holiday rentals, carrying out the necessary checks before buying becomes much more important.
Before committing to a property, buyers should understand which uses are actually permitted, what restrictions apply and whether the property fits their plans.
At Málaga Solicitors, we can review the circumstances of your purchase, examine the legal position of the property and explain the issues you should consider according to how you intend to use it. If you are considering buying a property in Málaga or on the Costa del Sol, please complete the form below so that we can review your circumstances.
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