How to regularise a tourist dwelling without licence

Published October 2025 · Reading time: 10 min · SALAMA LEGAL SLP · Jacob Salama, Lawyer ICAMALAGA 11.294

A surprising number of dwellings still operate without registration in the Tourism Registry of Andalusia. This is a high-risk situation: clandestine activity, serious sanctions, possible cancellation of the licence if it later comes. The regularisation should be carried out as soon as possible.

Steps for regularisation

1. Verify that the dwelling can be VUT (no statutory prohibition, no protected housing, etc.).
2. Obtain the urban planning compatibility report if applicable.
3. Check that the material requirements are met (Annex of Decree 28/2016).
4. File the responsible declaration (procedure 6631) on the virtual office.
5. Communicate the operating periods.
6. Wait for the inscription resolution.
7. Apply for the NRUA at the Property Registry.

Risks of not regularising

• Clandestine activity (Article 11 of Decree 28/2016).
• Serious infringement (Article 71.1 Law 13/2011).
• Fines up to €150,000.
• Impossibility of subsequent regularisation if the municipality is saturated.