Do you have an empty apartment in summer and don’t know what to do with it? While tourism on the Costa del Sol keeps growing—just in 2024, Málaga received more than 14 million visitors—thousands of owners are profiting from their homes without complicating their lives. If you’ve ever considered renting your place for holidays but don’t know where to start or fear getting into legal trouble, this article is for you. At 1Mast Inmobiliaria, we’ve been helping owners like you manage their property with total security and peace of mind for over 20 years. We’re experts in the Fuengirola market and surrounding areas, and we’ll explain, without beating around the bush, everything you need to know to get started. Spoiler: it’s not as complicated as it seems, and yes, it can be very profitable. Shall we?
Why rent out your home for holidays?
Renting out your home for holidays isn’t just a way to earn some extra money: it can become a steady source of income every summer, as long as you do it right. If you have a second residence or leave your apartment free for a few months, keeping it closed can be an unnecessary luxury—especially with the tourist demand on the Costa del Sol. Here’s why this decision makes more sense than it seems:
- Sky-high returns: The summer months see the highest number of tourists and, with that, nightly prices soar. If your property is well located and well equipped, you can generate in three months what a traditional long-term rental yields in six.
- You set the rules: You’re not tied to long contracts or permanent tenants. You decide when to rent your property and when to reserve it for your own use. It’s a flexible model that adapts to your plans.
- Active upkeep, no deterioration from being empty: Keeping the home occupied avoids the typical wear of vacant properties: damp, bad smells, undetected breakdowns… With holiday lets, the house stays in use and in good condition.
- Tourism on the rise on the Costa del Sol: Málaga and its surroundings remain a favorite destination for both national and international travelers. With platforms like Airbnb or Booking, giving your apartment visibility and attracting guests is easier than ever.
- Professional management within reach: More and more owners choose to delegate management to specialized agencies, so they can forget about paperwork, bookings, cleaning, or guest support.
What to consider when renting out your property for holidays
Alright, renting your apartment for holidays sounds great. But, like everything in life, it’s not just posting an ad and that’s it. If you want to do it legally and without surprises, there are certain aspects you need to be clear about from the start. Legislation, permits, taxes… It’s not a complicated world, but it does require being well-informed.
Each Autonomous Community has its own rules, and if you’re in Málaga or nearby, there are specific requirements you can’t overlook. The key here is not to improvise: a poorly managed property can end up in fines—or worse, losses. Below, we explain step by step everything you need to consider before listing your home as a holiday rental, so you can do it safely and with the peace of mind of doing things right from minute one.
Second-home lease or holiday rental
The first thing you need to be clear about is how you’re going to rent your property, because it’s not the same to do it as a seasonal (second-home) lease or as a holiday rental. And this difference determines what you can (and cannot) do, both legally and fiscally.
Renting as a second home refers to a seasonal lease, without offering hotel-type services, and is governed by the Urban Leases Act (LAU). A tourist license isn’t required, but you must sign a seasonal contract. By contrast, if you rent by the day to tourists and offer services such as cleaning, it’s considered a holiday rental and treated as an economic activity. This means registering the home in the Andalusian Tourism Registry and meeting additional requirements.
Both options are legal, but they have different implications. The choice will depend on your situation, your goals, and how you want to use the property throughout the year.
Habitability certificate
Before renting your home for tourist purposes, you must ensure it has the habitability certificate or, in Andalusia, the First Occupancy License (LPO) or a Certificate of Urban Compatibility. This document certifies that the dwelling meets the minimum habitability conditions, such as usable area, ventilation, and adequate installations.
Without this document, you won’t be able to process registration in the Tourism Registry or obtain the tourist license. It’s one of the basic requirements to operate legally and avoid fines. If you’re unsure whether your home has it or you need to obtain it, you can check with your town hall or hire a chartered technician to verify it.
Processing the tourist license
To rent out a property as a holiday let in Andalusia, you must process the corresponding tourist license. This obligation is set out in Decree 28/2016, of 2 February, which regulates tourist accommodation in the region. This step is essential if you’re going to rent by the day to tourists.
In Málaga, the process includes holding the First Occupancy License, meeting the minimum requirements (ventilation, equipment, furniture, complaint forms, contact phone number, etc.), and registering the property in the Andalusian Tourism Registry (RTA). Each dwelling will receive an identification number that must appear in all public listings.
In addition, some city councils, such as Málaga city, may require an additional planning report to verify the compatibility of tourist use with municipal regulations. It’s important to review your municipality’s specific requirements before starting the process.
Declare the type of tourist property
One of the fundamental requirements when renting a property for holidays is to declare the type of tourist property to the Junta de Andalucía by registering it in the Tourism Registry. This declaration determines how the property must be managed legally.
In Andalusia there are two main categories: Vivienda con Fines Turísticos (VFT, Holiday Home) and Apartamento Turístico (Tourist Apartment). The first is the most common among private owners. It’s an independent flat or house rented occasionally or seasonally, without offering hotel services. A Tourist Apartment, by contrast, refers to a group of units managed professionally, with hotel-like services, and requires a more complex and demanding classification.
Declaring your property type correctly is essential to avoid fines and operate within the legal framework. Registration is done online and is the key step to start renting legally.
Taxes to consider for your holiday rental
Income earned from renting your tourist home must be declared to the Tax Agency, and several taxes come into play depending on how the rental is managed.
If you rent as a private individual (VFT), you must include that income in your personal income tax (IRPF) as real-estate capital income. You can deduct expenses related to the maintenance of the property, provided they correspond to the period in which it was rented. For the months when it wasn’t in use, an imputed income based on the cadastral value applies.
If you also offer hotel-type services (such as daily cleaning or laundry), it is considered an economic activity, and you’ll need to register as self-employed and file quarterly VAT returns, in addition to income tax.
In Andalusia there is still no tourist tax, but it could be introduced in the future. Staying up to date with your tax obligations is essential to renting without risk.
We help you manage your property for holiday rentals at 1Mast
If you’re interested in renting out your home for holidays but don’t want to waste time on admin or get tangled up in paperwork, at 1Mast Inmobiliaria we can help. We’ve been working in Fuengirola and the Costa del Sol for more than 20 years, and we know the local regulations, legal requirements, and the best strategies to get the most out of your property in detail.
We take care of everything: licenses, registration, platform listings, booking management, cleaning, maintenance, and guest support. You decide how much you want to delegate. If you have a home and want to put it to work, we’re here to make it easy, legal, and profitable.