Yes, but the rules tightened in 2025. Since 3 April 2025, a reform of the Ley de Propiedad Horizontal lets a building's community of owners block or restrict tourist rentals by a three-fifths (3/5) majority, and impose up to a 20% increase in community fees on units let to tourists. The tourist licence (VUT) attaches to the property itself and transfers on resale, and owners must file an annual NRUA declaration between 1 February and 2 March. Marbella as a municipality remains open with no overall cap, unlike some neighbouring towns — but verify case by case, and confirm with a local lawyer.
The community can now say no
The biggest change is at the building level. The April 2025 reform of the Ley de Propiedad Horizontal gives the comunidad de propietarios (owners' association) real power over short-term letting: by a 3/5 majority it can prohibit new tourist rentals or set conditions on them, and it can also levy up to a 20% surcharge on the community fees of apartments used for tourist letting. So before you count on short-let income from an apartment, you must check the community's statutes and any recent resolutions — a favourable purchase can be undermined by a hostile community vote.
The VUT licence and the NRUA declaration
On the administrative side, letting to tourists in Andalusia requires the property to be registered as a Vivienda con Fines Turísticos (VUT). The licence is tied to the dwelling rather than the owner, which means it can transfer to the buyer on a resale — a genuine value point when buying a property that already holds one. Owners also have an annual reporting obligation, the NRUA declaration, due in the window of 1 February to 2 March.
On location, Marbella itself has so far kept the market open without a blanket municipal cap, whereas some nearby municipalities have introduced tighter limits — so the answer is genuinely address-specific. Because the community rules, the VUT and the NRUA all interact and are being actively reformed, confirm the exact position for the specific building and unit with a local lawyer before you rely on tourist-rental income.
Sources
Primary and expert sources behind this answer:
- BOE — Ley de Propiedad Horizontal reform (community powers over tourist lets, April 2025) ↗
- Junta de Andalucía — Regional taxes (ITP, Patrimonio bonification, tourist-rental VUT/NRUA) ↗
This page is general information, not legal or tax advice. Spanish property tax, residency and letting rules are complex, regional and change frequently; every figure and rule here must be confirmed with a Spanish abogado (lawyer), a fiscal adviser (asesor fiscal) or a notary for your specific situation before you act.
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