Tourist Licence for holiday rentals in Manilva (Andalucía): new applications and change of ownership

Key victory: the tourist licence in Manilva is transmissible with the property doing the right procedure

From licenciaturisticaandalucia.es we obtained a landmark resolution before the Málaga Property Registry (extensible to all Andalucia). The Dirección General de Seguridad Jurídica y Fe Pública upheld the claim led by Jacob Salama confirming that the tourist licence in Andalusia is not personal but real, i.e., linked to the property rather than to the prior holder.

Consequently, when a property with a valid tourist licence in Manilva is sold, the licence remains effective so long as the property continues to meet the objective requirements. The new owner must not be left defenceless by administrative delays or inefficiencies.

The Directorate General’s view aligns with consistent case law from the Spanish Supreme Court and the High Courts of Justice, distinguishing personal licences (dependent on a person’s qualities) from real licences (dependent on the property’s objective conditions). Notably, Supreme Court judgements of 27 June 1994 and 19 March 1997 hold that a change in the subject holder does not extinguish the licence while the objective conditions subsist.

“...the duty to update information or to communicate ‘any change that may affect them’ does not mean that the licence is tied to the individual to whom it was initially granted. A combined reading of regional legislation, local government basics and Supreme Court case law shows that such licence is not personal but real; therefore, its validity and effectiveness do not depend on the personal circumstances of the holder but on the objective features of the dwelling to which it applies.”

Legal framework for touristic licences in Andalucía (and local notes for holiday rentals in Manilva)

• Operating company (registered holder): since 2024, the turistic licence in Manilva must identify the person/company in charge of check-in, key handover, cleaning coordination and bookings.
• SES Platform (guest reporting): mandatory from 02/12/2024. Compliance also improves security and incident handling.
• Property Registry inscription (NRA): mandatory from 01/07/2025 to keep listings active on platforms and ensure ongoing legal operation. Info: https://www.registroventanillaunica.es
• Owners’ Association authorisation: required from 03/04/2025 for new licences and changes of holder. Not retroactive for licences already granted.
• Municipal layer: Manilva may require extra notices/taxes or specific declarations. Always verify local rules before filing.

How to obtain a new tourist licence in Manilva

1. Owners’ Association permission (from 03/04/2025): confirm a current resolution authorising tourist use and no statutory prohibition.
2. Responsible Declaration to the Andalusian Tourism Authority: formal registration of the dwelling and designation of the actual operating company (holder).
3. SES Platform sign-up (guest reporting): compulsory since 02/12/2024. It also helps against unlawful occupation.
4. Property Registry inscription (NRA): required from 01/07/2025 to keep ads active and add legal certainty.
5. Municipal formalities (if any in Manilva): fees, notices or complementary permits the Town Hall of Manilva may require.

Change of holder of a property in Manilva (licence follows the property)

To maximise success and minimise downtime in sales or operator changes, we recommend the following sequence:

1. Operating agreement between the owner and the managing company (operating company). Add:
   • (a) Buyer subrogation clause upon sale.
   • (b) Condition precedent/resolution: if the sale does not take place, the agreement becomes void.
2. File the operating company as the registered holder of the tourist licence (as per Andalusian rules).
3. Complete the sale. The licence already names the operating company; the agreement is subrogated.

Technical & service requirements for toursitic properties in Manilva (summary)

1) Area and capacity

• Minimum area: 25 m² fixed.
• Per extra bed: +14 m².
• Legal discussion: mainstream view accepts 25 m² for a studio; a minority argues for 39 m².
• Beds in living room: max. 2 places.
• Bathrooms: over 5 places → 2 bathrooms; over 8 places → 3 bathrooms.

2) Habitability

• Direct ventilation in bedrooms (windows).
• Blackout capability (shutters/blackout curtains).
• Adequate furniture per capacity (see Annex I).
• Climate control year-round. If letting only in June–August, fixed or portable A/C is acceptable.

3) Safety, service & data

• First-aid kit.
• Official complaints forms available.
• 24/7 contact number for guests.
• Data protection compliant processes (major platforms facilitate this).
• Printed info (multi-language): emergency numbers, police, health centre, tourist office.

4) Documentation & compatibilities

• Statements in the licence:
  • Not subject to public-housing protection (or duly de-qualified).
  • No statutory prohibition of tourist use.
  • Urban-planning compatibility for tourist use.
• Operating agreement if the applicant is not the owner.
• Annual declaration of operating periods each January (if not year-round).

5) Complementary formalities

• Energy Performance Certificate (recommended).
• Public liability insurance (recommended).
• Guest registration:
  • As of 02/12/2024: via the SES Platform (Ministry of the Interior).
• Property Registry inscription (NRA) from 01/07/2025. More info: https://www.registroventanillaunica.es

Documents you will typically need

Costs & timelines (2025)

Risks of non-compliance in Manilva

• Fines (from €16,000 for operating without a licence or with incorrect holder data).
• Temporary closure of the activity.
• De-listing from platforms (Airbnb, Booking, etc.).
• Neighbour disputes and action by the Owners’ Association.

Keeping documents current and complying with the sequence above protects your investment and avoids sanctions.

Owner’s checklist (Manilva)

Minimum need furniture & equipment for touristic properties in Manilva

General

• Sufficient furniture per capacity; TV with channel info.
• Power outlets in all rooms.
• Utilities: electricity and hot/cold water.
• Selective waste separation; iron, ironing board and drying rack.
• Cleaning kit: scourer, cloth, towel, detergent, bin bags.

Kitchen

• At least two hobs, oven or microwave, refrigerator.
• Crockery, cutlery, glassware, pans, pots; corkscrew, opener, scissors, can opener, colander.
• Small appliances: blender, toaster/grill, juicer and coffee maker.
• Adequate cupboards/storage.

Bathroom

• WC, washbasin, shower/bath; anti-slip floors.
• Toiletries: hand soap, gel, shampoo; one hand and one bath towel per person.
• Mirror, good lighting, towel hooks, spare toilet roll, toilet brush, socket by the mirror, shelf, hair dryer and sanitary bin.

Bedrooms

• Bed linen in good condition; blankets/duvet and pillows.
• Single bed ≥ 80×190 cm or double 135×190 cm; mattress ≥ 18 cm.
• Wardrobe/space per every four places; adequate hangers.
• Reading light near the bed.

Safety & information

• First-aid kit, smoke detectors, extinguisher.
• Tourist information (maps, leisure, restaurants, parking, medical services, public transport) in print or digital.
• User guides for key appliances/devices.

FAQs

Does the licence “expire” when the property is sold?

No. According to the doctrine above, the tourist licence has a real nature attached to the property. If objective conditions remain, the licence remains valid.

Can I operate while a change of holder is being processed?

With a stamped filing receipt, typically yes. For sensitive cases, in-person stamping at the Tourism Delegation can be sought.

Is SES notification with the new operating company compulsory?

Yes. The SES Platform is mandatory from 02/12/2024.

Do I need Owners’ Association permission?

For new licences and changes of holder from 03/04/2025, yes. It is not retroactive for licences previously granted. Certain strategies may allow proceeding in change-of-holder scenarios without community authorisation depending on the case.

What about demands for independent access/utilities?

Local demands like Málaga’s 2024 instruction have been contested as exceeding urban-planning powers. In Manilva, always confirm current municipal criteria before applying.