For years the default plan for many foreign buyers was simple: buy a flat near the beach, let it on Airbnb when you are not using it. In Fuengirola that plan now runs into three separate layers of rules — municipal, regional and national — and for most apartments in a block, the first one alone rules it out.
1. Fuengirola: the independent-entrance rule
In August 2024 Fuengirola town hall announced it would limit new holiday-let registrations, after a housing study found they were putting heavy pressure on residential supply.
The key tool is article 7.1.6 of the town's general urban plan (PGOU). The council applies it so that any flat without its own independent entrance cannot be processed as a tourist rental (vivienda de uso turístico). In practice that covers the typical apartment reached through a shared lobby, lift or staircase — that is, most of what is for sale near the seafront.
The council applied the rule to applications made from 22 February 2024, when the new Andalusian holiday-let decree came into force, and asked the regional government to cancel around 600 registrations that did not comply.
It also changed the economics for those that remain:
- Holiday lets pay the municipal waste charge at tariff B, the rate for hotels, hostels and similar businesses, based on floor area.
- Owners who let to tourists lose the 30% IBI (property tax) discount otherwise available to residents registered in the town.
2. Spain: your neighbours now have a vote
Since 3 April 2025, a reform of the Horizontal Property Law means a new tourist rental in a building needs the express approval of the owners' community, by a three-fifths majority. Flats already operating legally before that date can carry on.
Check the community statutes too. Some older statutes forbid commercial or guest-house use outright, and the land registry has refused rental registration numbers on that basis.
3. Spain: the single rental register
Since 1 July 2025, any property advertised for short tourist or seasonal lets on platforms such as Airbnb or Booking needs a Single Rental Registration Number (NRUA), issued through the land registry after checking the property meets the legal requirements. Without it, platforms have to remove the listing.
What this means if you are buying
- A flat in a block with shared access: assume it cannot become a new holiday let in Fuengirola. Price it on long-term or seasonal rental, or on your own use.
- A flat that is already registered: ask for the registration number, the NRUA and proof it has been operating. Your lawyer should confirm the registration is not among those challenged and that the community has not restricted the use. A licence that turns out to be invalid is not worth paying a premium for.
- A house or townhouse with its own entrance: the municipal rule is not the obstacle, but the regional registration, the community (if there is one) and the NRUA still apply.
Long-term rental is a real alternative
Fuengirola has steady year-round demand from people who live and work on the coast, helped by the train line to Málaga and the airport. Long-term lets involve less management, no tourist-licence risk and a more predictable income, even if the headline yield is lower than the best months of a holiday let.
Areas with a train station and everyday services — such as Los Boliches, Torreblanca or the town centre — tend to be the easiest to let this way. Our investment report goes into rental strategy in more detail.
Rules reviewed in September 2026 and changing quickly, at local, regional and national level. Before buying with a rental plan, have a lawyer check the specific property. This article is general information, not legal advice.