The current state of tourism, especially in a region like Andalusia—and particularly in cities like Málaga, which have been experiencing a tourism boom for years—has made the process of changing the ownership of a tourist license a fundamental procedure within the sector of renting homes for tourist use.
This process allows the authorization to offer tourist accommodation to pass from one owner to another when, for example, a sale of the property occurs. For this type of procedure, having the support of a law firm in Málaga specialized in the field is key to avoiding administrative issues.
In the first nine months of the year, it is estimated that there were more than 25,000 real estate transactions in the province of Málaga alone. Therefore, any buyer of a home that was previously used for tourist activities needs to carry out this procedure to continue operating the property for tourist purposes legally.
Legal and Regulatory Requirements
Generally, the new owner of the property must notify the tourist authority of their intention to transfer the license. In the case of Andalusia, this procedure is carried out through the Tourism Registry of Andalusia.
The application for a change of ownership must include detailed information about the property and the transaction carried out. It is necessary to prepare and provide the appropriate documentation to formalize the procedure, including:
- Deed of sale
- Occupancy license
- Other required administrative documentation
Inspection and Compliance with Requirements
In certain cases, the tourist authority may carry out an inspection of the property before approving the change of ownership. The purpose of this inspection is to verify that the property meets the required standards in terms of:
- Safety
- Hygiene
- Habitability
It is essential that the property meets all these requirements to avoid delays or issues in the procedure.
Can tourist activity continue during the processing?
Provided that the documentation relating to the change of ownership of the tourist license has been submitted correctly, the new owner may continue to carry out tourist activities while the procedure is being processed.
However, it is important to emphasize the correct submission of documentation, as any error may lead to a proposed initiation of revocation of the tourist license by the Tourism Registry of Andalusia and, consequently, to the obligation to cease tourist activity.
Frequent problem: lack of occupancy license
In recent months, the Tourism Registry of Andalusia has intensified controls related to the need to provide the occupancy license or certificate of habitability to obtain or maintain the tourist license.
The problem usually arises when, after the sale of a home with a tourist license, the new owner finds—usually after a requirement from the Junta de Andalucía—that the home does not have an occupancy license or certificate of habitability, and a deadline is granted for its submission.
Responsible declaration as an alternative solution
Faced with this increasingly common situation, the various city councils have initiated an alternative procedure through the presentation of a Responsible Declaration to the urban planning area of the corresponding city council.
This document acts as a provisional substitute for the occupancy license or certificate of habitability and must be submitted in response to the requirement of the Junta de Andalucía. The responsible declaration must be accompanied by:
- A technical report prepared by a competent technician (usually an architect)
- Supplementary documentation that justifies the habitability of the home
Conclusion and legal advice
The change of ownership of a tourist license is a key process within the tourist rental sector. To avoid legal problems and ensure a smooth transition, it is essential to know and comply with the legal requirements, maintain fluid communication with the administrations involved, and have specialized legal advice.
In this type of operation, the accompaniment of commercial lawyers in Málaga allows you to face the procedure with greater guarantees, ensuring that the tourist activity continues to be developed in accordance with current regulations and taking advantage of opportunities to improve the profitability of the investment.
If you are considering making a change of ownership of a tourist license or need to resolve any doubts related to this procedure, contact us and we will study your case in a personalized way.
Frequently Asked Questions about the Change of Ownership of Tourist Licenses
- When is it necessary to make a change of ownership of a tourist license?
- It is necessary to make the change of ownership when there is a transfer of the property, such as a sale, and the new owner wishes to continue carrying out the tourist activity with the same license.
- Can the property continue to be rented for tourist purposes while the change of ownership is being processed?
- Yes, provided that the documentation for the change of ownership has been submitted correctly, the new owner can continue with the tourist activity while the procedure is being processed.
- What happens if the documentation for the change of ownership is not submitted correctly?
- An incorrect submission may lead to a procedure for revocation of the tourist license by the Tourism Registry of Andalusia, which would imply the obligation to cease the activity.
- What happens if the property does not have an occupancy license or certificate of habitability?
- In these cases, the administration may require the submission of said documentation. As an alternative, some city councils allow the presentation of a responsible declaration accompanied by the corresponding technical documentation.
