VUT in Andalusia: 2026 guide (Decreto 31/2024 + DL 1/2025)

What is a vivienda de uso turístico (VUT) in Andalusia?

The regime applies as soon as a dwelling is marketed as tourist accommodation — on platforms like Airbnb or Booking, on the owner's own website, or through any other tourist channel — for a fee. The Junta de Andalucía reads "tourist use" from objective signals: an active listing, ongoing bookings and promotion as accommodation, without a fixed night threshold.

Decreto 31/2024 changed the official terminology: "vivienda con fines turísticos" (VFT) became "vivienda de uso turístico" (VUT), aligning with the other autonomous regions and with Supreme Court case law. Earlier registrations keep their VFT number; new ones receive the VUT prefix on their RTA registration code.

What changed under Decreto 31/2024 from February 2024?

Decreto 31/2024, of 29 January, was the first major overhaul of the Andalusian regime since 2016. Its stated aims: to professionalise the sector, strengthen municipal urban-planning control and harmonise terminology with the rest of Spain. The mandatory adaptation period for already-registered properties was set at six months from entry into force.

The most relevant operational change is the urban-compatibility responsible declaration: before registering the VUT with the RTA, the holder must, by self-declaration, evidence that tourist use is compatible with the municipality's planning. The new "empresa explotadora" figure lets individuals or legal entities other than the owner professionally manage one or more VUTs, expressly assuming the registration and sanction obligations before the Junta.

What requirements must you meet before registering?

The urban-compatibility responsible declaration is the most important document and the one the Junta cross-checks with municipalities. If the council has approved a restrictive special plan or precautionarily suspended new VUT registrations — a power reinforced by Decreto-ley 1/2025 — registration cannot proceed. Málaga, Seville and Cádiz are the municipalities most likely to apply restrictions.

The first-occupancy licence (or its Andalusian "licencia de ocupación" variant) proves the property meets the minimum habitability conditions. Without a valid licence the VUT registration is not effective and the first inspection could open a sanction file.

Since 3 April 2025, new VUTs in horizontal-property buildings require express community-of-owners consent through a favourable vote of 3/5 of owners who, in turn, represent 3/5 of the participation shares. If the statutes ban tourist use or the meeting does not reach that majority, the VUT cannot be registered.

• Urban-compatibility responsible declaration (municipality where the property sits).
• Current first-occupancy licence or equivalent habitability licence.
• Compliance with the Decreto 31/2024 capacity caps (15 beds / 4 per bedroom).
• 3/5 community-of-owners consent (new registrations from 3 Apr 2025).
• Sufficient title: deed of ownership or owner authorisation if the VUT holder is the tenant or empresa explotadora.
• NIE for non-resident holders; certificado digital, DNI electrónico or Cl@ve PIN for the electronic filing.

How do you register a VUT step by step?

VUT registration in Andalusia follows the responsible-declaration model: the holder declares under their own responsibility that all requirements are met, uploads the supporting documents through the electronic office, and the Junta assigns a registration number at once. There is no prior "grant" — the administration verifies the file ex post and can open a sanction file if it later finds non-compliance.

Do I need community-of-owners consent?

Decreto-ley 1/2025, of 24 February, introduced the requirement of express community-of-owners approval to run tourist activity in horizontal-property buildings. The measure took effect on 3 April 2025 and applies to new registrations — VFTs/VUTs already active before that date do not need retroactive ratification as long as activity continues uninterrupted.

The 3/5 double threshold is strict: three-fifths of owners must vote in favour AND those owners must together represent three-fifths of the participation shares. In communities with unequal shares (commercial units, penthouse owners with a larger coefficient) the vote can clear 3/5 of people but not 3/5 of shares, or vice versa. Without both majorities, no VUT registration.

If the community statutes expressly ban tourist use, the path is to amend the statutes first — an operation that requires unanimity or the qualified majority set in the constitutive title. If the ban is adopted after a VUT is already registered, case law has held it does not apply retroactively to the activity already authorised, but it blocks any new registrations in the same building.

What are the sanctions for non-compliance?

Decreto-ley 1/2025 substantially stiffened the sanction regime. Operating without RTA registration, essential falsehoods in the responsible declaration and breaches of the Decreto 31/2024 capacity caps are the most pursued infractions in 2026. The Junta has reported over 13,000 cancelled registrations since the new measures took effect.

The Junta cross-references the RTA against SES.Hospedajes, against Booking and Airbnb listings (via the national VUDA since 2025) and against municipal cadastral records. A property with active listings but no visible VUT code is a direct inspection target — and inspections typically reach back 4 years.