Change of ownership of a holiday-let dwelling: why buying a property with a licence is not always enough
⚠️ BUYER WARNING · 21 May 2026: the NRA has been annulled by the Spanish Supreme Court
Judgment STS 620/2026 has struck down the Single Rental Registry as an enabling requirement. Contrary to what it may seem, this is NOT good news for those buying a property to operate it as a holiday let.
Until 21 May, the NRA required the Property Registrars' Association to carry out a prior verification of the urban planning, community and registry situation. Now that "safety barrier" disappears and due diligence falls entirely on the buyer (and their adviser): you must review the community by-laws, the meeting minutes, the regional tourism regime, the registry tract and any community resolutions adopted after 3 April 2025 without that automatic verification.
👉 Read the full analysis: Judgment STS 620/2026 · Implications for buyers
Over the last few years we have seen a sharp increase in listings advertising properties as "tourist licence included". For many buyers, that wording acts as a seal of security: if the dwelling is already registered as a VUT, all that remains is to sign the deed and continue letting. The reality is rather more complex.
The tourist licence has a real nature and is projected onto the property, which allows a change of ownership to be processed instead of applying for a brand-new licence. But that real nature is not the same as automaticity: the buyer must communicate the new ownership to the Junta de Andalucía and, above all, must ensure that the underlying registration is sound and that the property still meets current requirements.
The myth of the "licence that comes with the dwelling"
The usual sales pitch goes like this: "this property has an NRA, so the buyer can continue the tourist activity from day one". The claim is partly true and partly misleading.
It is true that, in Andalusia, we obtained an administrative resolution recognising the possibility of processing the change of ownership of a VUT without applying for a new licence. The criterion is that the registration is attached to the property and is not a purely personal authorisation. The full analysis is available in our piece on the change of ownership of a tourist licence in Andalusia.
What is not true is that the change of ownership is automatic or immediate. As long as the new ownership has not been formally communicated, listings and bookings remain linked to the previous owner: the platform keeps issuing payments in their name, the guest report (parte de viajeros) is attributed to the previous holder, and if an inspection occurs, the new owner has no administrative cover of their own.
Real nature of the registration: what it allows and what it does not
Under Decree 31/2024 of Andalusia (and the Decree 28/2016 that preceded it), the registration of a Holiday-Let Dwelling (VUT) is filed by way of responsible declaration. The declarant assumes, under their own responsibility, that the property meets the requirements of the Tourism Registry of Andalusia. Despite the declarative and personal nature of the act, the registration is anchored to the property: the VUT exists in respect of a specific dwelling, a specific NRA and specific physical conditions.
This has three practical consequences worth keeping in mind:
- The change of ownership is possible without filing a brand-new licence, provided the underlying registration is valid.
- The new holder takes the property as it stands: if the dwelling does not meet the physical, urban-planning or equipment requirements in force today, the change may be denied or suspended.
- Communication is mandatory. It is not enough for the property to be registered: the Administration must know who the current operating party is.
The real nature of the licence means it travels with the property, but the communication of change of holder is not optional. Without that communication, the buyer operates under someone else's administrative cover, which in an inspection translates into a clear risk of sanction for carrying out the activity without a registration in their own name.
Why a change of ownership can fail (even if the licence "exists")
The underlying registration may have defects that the seller does not disclose, or does not even know about. These are the most common reasons why a change of ownership ends up blocked.
1. Lack of independent access in municipalities that require it
The Málaga capital Instruction and similar resolutions in other Andalusian municipalities require VUTs in multi-family buildings to have independent access from the public road. If the original registration was granted before that requirement was interpreted in those terms, the change of ownership may be the moment when the Administration takes the opportunity to review current compliance. We analyse this scenario in detail in our piece on the Málaga Instruction on independent entrance and in the case of cancellation of a Fuengirola licence.
2. Statutory prohibition by the community of owners
The amendment of Article 17.12 of the Spanish Horizontal Property Law, in force since 3 April 2025, has reopened the debate on community authorisation of tourist use. The DGSJyFP has nonetheless confirmed that later statutory prohibitions have no retroactive effect on VUTs already registered; we discuss it in statutory prohibition not retroactive. For the buyer, the issue is different: if the by-laws prohibited tourist use before the registration and nobody noticed, the change of ownership may be the moment the prohibition surfaces.
3. Old VFTs not adapted to Decree 31/2024
Many registrations originate from the former Holiday-Purpose Dwelling (VFT) regime under Decree 28/2016, which Decree 31/2024 has reorganised under the new VUT category. If the dwelling never completed the adaptation, the change of ownership effectively requires updating capacity, equipment and habitability conditions to the current standard. The detail is in our piece on adaptation from VFT to VUT.
4. Declared capacity above the legal limit
Decree 31/2024 caps the capacity of VUTs based on the number and type of bathrooms, the useful square metres of bedrooms and the maximum occupancy of the property under its habitability certificate. It is not unusual to find old registrations with a declared capacity that would not survive an administrative review today. We address it in capacity and bathrooms under Decree 31/2024.
5. Pending sanction proceedings against the dwelling
Although administrative liability is personal to the sanctioned party and does not pass to the buyer, cancellation proceedings of the registration do affect the property. If the previous owner has an advanced cancellation file for repeated infringements, the buyer may find, weeks after the deed, that the VUT has been cancelled and the tourist activity is no longer possible under that registration.
6. New municipal moratoriums and urban restrictions
Málaga, Seville and other municipalities have approved moratoriums or zonal limitations for new VUTs. These measures, in principle, do not affect existing registrations. But if the change of ownership is interpreted as a new declaration, or if the previous registration was cancelled, the moratorium may prevent re-registration. The TSJA has already ruled on the limits of municipal regulation in this Granada decision.
Although the procedure is not a new licence, the Administration sometimes uses the communication to verify the current state of the file. Registrations that had not been touched for years can see latent defects activated at the moment of the change. That is why it is wise to anticipate, not improvise.
Tourist due diligence before signing the deed
A prudent buyer verifies the VUT registration with the same rigour as the property's land-registry charges. The legal pre-purchase review should cover, as a minimum, the following points:
- Existence and validity of the registration in the Tourism Registry of Andalusia, with the NRA up to date and in the seller's name.
- Declared capacity and verification that it is consistent with the number of bathrooms, useful square metres and occupancy of the property.
- Valid habitability certificate or first-occupation licence.
- Valid energy efficiency certificate.
- Community by-laws: confirmation that tourist use is not prohibited and that, if the community has voted restrictions, they are later than the registration.
- Independent access in municipalities where it is required (especially Málaga capital and Fuengirola).
- Sanction record of the registration: inspection reports, pending files, final sanctions.
- Urban-planning situation of the property: areas under moratorium, land incompatible with tourist use, restrictions in the local plan (PGOU).
- Compliance with the mandatory equipment required by Decree 31/2024 (HVAC, first-aid kit, complaint book, etc.). The detail is in our piece on mandatory VUT equipment.
The legal way to document all this is typically a representations and warranties clause in the deposit contract or in the deed itself, in which the seller declares the state of the licence and undertakes to indemnify the buyer if any of those points proves inaccurate. Without such a clause, the buyer has very little room to claim later.
After completion: how to communicate the change of ownership
Once the purchase is signed, the communication to the Junta de Andalucía must be filed without delay. The standard file includes:
- Purchase deed or updated land-registry simple note evidencing the new ownership.
- NIE of the new holder (mandatory for non-resident owners).
- Responsible declaration in the name of the new holder, assuming compliance with the requirements in force.
- Evidence of civil liability insurance.
- If the registration comes from the previous VFT regime, evidence of adaptation to Decree 31/2024.
In parallel, listings on platforms (Airbnb, Booking, Vrbo) must be updated so that the NRA appears in the new holder's name and to avoid duplicates. If the activity continues to be advertised in the seller's name, an inspection may lead to a sanction both for breach of the disclosure duty and for apparent activity without a registration in one's own name.
About to buy a property with a tourist licence?
We review the VUT registration before signing, draft the seller's warranties and file the change of ownership after completion. Law firm dedicated to tourist licence matters in Andalusia.
Common mistakes by first-time buyers
Relying on the property listing
The phrase "tourist licence included" on a property portal proves nothing. The registration must be verified against the Tourism Registry of Andalusia, not against the agent's brochure. And it must be verified in the seller's name, not in the name of a previous holder who has already transmitted the property in another transaction.
Assuming past profitability will continue
The historic revenue may have been possible because the previous holder operated with a declared capacity that would now be inadmissible, without a guest report, without paying the corresponding municipal tax or without up-to-date equipment. The change of ownership regularises the operation, which in some cases reduces the effective profitability.
Postponing the communication to the Junta
The buyer is typically focused on the move, the furniture or opening the calendar on Airbnb. The change-of-ownership communication should be among the first steps, not the last. Once an inspection has happened or a guest is complaining, it is too late to regularise without cost.
Treating the tourist licence as an abstract intangible asset
The VUT registration is not a trademark or a freestanding administrative concession. It is a declarative act over a specific property, at a specific moment, under specific legislation. Any material change in any of those three elements (property, moment, regulation) may affect the validity of the registration. The buyer should approach the operation with that mindset.
Frequently asked questions
Is it legal to keep letting the dwelling while the change of ownership is being processed?
In practice, the activity may continue if the communication of change is filed with reasonable diligence after the purchase and the new holder formally takes on the obligations attached to the registration. The longer the gap between the deed and the communication, the greater the risk that an inspection deems the activity to be carried out without administrative cover in one's own name. The practical recommendation is to communicate the change in the first weeks after signing.
What do I do if I discover defects after the deed?
It depends on what was agreed in the deed. If the seller expressly declared the registration to be in good standing and free of defects, the buyer may claim under the rules on hidden defects or for breach of the contractual representations and warranties. Without an express clause, the options narrow and usually require a case-by-case analysis. That is why we insist on the importance of including specific warranty clauses in the transaction.
Can I change the NRA or apply for a new one after the purchase?
The change of ownership keeps the property's NRA. It is not a different licence, but an update of the holder on the same registration. Only if the previous registration was cancelled or annulled would a new registration be required, which in areas under municipal moratorium may be impossible. The continuity of the NRA is, therefore, another reason to verify that the registration is alive and free of pending proceedings before buying.
What if the property is in an area under moratorium on new VUTs?
In principle, the moratorium affects new registrations, not existing ones. If the VUT was already registered before the moratorium and a change of ownership is processed without interruption, the activity can be maintained. The risk appears if the registration is cancelled for any reason (sanction, expiry, waiver, defect): in that scenario, the municipal moratorium may prevent re-registration and the property ends up worth significantly less than expected on the market.
Do I need a company to be the holder of the VUT?
Not necessarily. The responsible declaration can be filed by a natural person, with NIE, or by a legal entity. The decision depends on the buyer's personal taxation, the number of properties to be operated and the level of personal liability they wish to assume. It is a decision worth taking before the purchase, not after, because it conditions the deed itself.