I work with owners and buyers around the western Costa del Sol every week. Since summer 2025, a lot of conversations start with the same question: “Can I still get a tourist licence in Málaga city?” Here’s the clear answer and your practical alternatives.
1) What exactly is frozen (and until when)
Málaga has suspended the issue of new tourist accommodation licences city-wide for up to three years, while it rewrites its urban plan (PGOU). The measure was approved by the City Council’s governing board and published in the Provincial Official Gazette (BOP); it’s explicitly framed as a temporary suspension with a maximum duration of three years or until the new rules are ready.
Local and sector outlets summarise the scope succinctly: no new permits for tourist flats across the municipality until 2027, following through on the mayor’s pledge. Existing licences are not automatically cancelled by this freeze.
On the ground, I’ve had to tell would-be hosts in Málaga Centro and La Malagueta that a fresh application simply won’t fly right now; we then pivot to compliant mid-term strategies or to neighbouring municipalities where their plan still makes sense.
2) How we got here: independent entrances, 8% hotspots and the PGOU review
This moratorium is the final step in a sequence Málaga rolled out:
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First, no new licences in dwellings without an independent entrance and services, so guests don’t traverse communal areas.
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Then, new licences were blocked in 43 neighbourhoods where holiday lets exceed an 8% share of the housing stock.
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Now, the city-wide suspension while the PGOU is updated.
Official and press sources also put numbers on the table: 12,754 licensed tourist properties, of which 8,596 were active at the time of the announcement—figures Málaga used to justify the clampdown.
With buyers, I’ve seen this evolve firsthand: a 2024 plan for a flat near Soho stalled on the “independent entrance” rule; by early 2025, a Teatinos purchase hit the 8% barrier; and by August the door had shut city-wide.
3) Who is affected (owners, managers, new projects) and who is not
Affected now
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New hosts and new projects that would need a fresh Málaga tourist licence: applications won’t be accepted during the suspension.
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Change-of-use projects aimed at short-stay tourist activity that require a tourist permit to operate legally.
Generally not affected by the freeze itself
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Existing licences: holders remain subject to the usual compliance (capacity, safety, community by-laws) and to regional/municipal inspections, but the moratorium doesn’t automatically revoke their status.
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Medium-term (seasonal) rentals structured outside the tourist regime (different compliance track), provided they meet marketing and contract rules. Always check building statutes and consumer law before proceeding.
For managers I work with, the message is simple: protect what you’ve got (documentation, inspections, community rules) and avoid assumptions about “upgrading” a second unit—new tourist capacity is effectively shut off in the city for now.
4) Legal basis: Andalusia’s Decree-Law 1/2025 and Málaga’s scope
Málaga relies on Decree-Law 1/2025 of Andalusia, which empowers municipalities to suspend the granting of tourist-use licences, city-wide or by zones, when necessary and proportionate, and to initiate the PGOU modification process in parallel. The Council’s communication ties the freeze to that legal umbrella and to the formal PGOU review.
When I coordinate with lawyers for clients, we make sure the advice quotes the exact BOP publication and the DL 1/2025 articles that justify suspension—this speeds up conversations with lenders and property managers.
5) Your plan B: compliant mid-term stays and neighbouring Costa del Sol options
If your model depended on a new tourist licence inside Málaga city, you have three pragmatic paths:
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Switch to mid-term (seasonal) stays with proper contract purpose (work/study/medical), pricing, and platform usage aligned to non-tourist marketing. This can stabilise yield through 2026 while keeping the door open to future rules.
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Refocus on neighbouring municipalities in the west Costa del Sol where your product fits and licensing remains feasible (case-by-case—always check current local rules). Sector round-ups show other cities moving too, so due diligence is non-negotiable.
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Reposition assets (co-living/co-housing or quality long-let stock) that the new PGOU says it wants to encourage—something City Hall has flagged as part of the urban reset.
Recently, we redirected an investor from a Centro Histórico studio to a well-connected suburb for seasonal corporate demand; same gross yield target, far less regulatory uncertainty.
6) For investors: timing, yield scenarios and risk management in 2025–2027
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Supply squeeze: with the new-build pipeline for tourist units shut, incumbents may enjoy firmer occupancy, but regulators are also tightening platform compliance nationally (e.g., large fines for unlicensed or mis-labelled listings). Build conservative forecasts.
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Capex vs. Opex: consider deferring tourist-specific capex and prioritise furnishings and services that work across mid-term and long-let scenarios.
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Exit strategies: structure purchases with dual-use feasibility (seasonal/long-let) and clauses addressing community by-laws and future PGOU outcomes.
My playbook with buyers since August: buy quality, keep optionality, and assume no new Málaga tourist licence before 2027.
7) FAQs: renewals, change of use, and what to expect next
Does the freeze kill renewals or transfers?
The measure targets new licences. City releases and coverage focus on suspending new permits while the PGOU is rewritten. Check any transfer/renewal in writing with Urbanismo and keep your registry data impeccable.
What were the rules just before the freeze?
Independent entrance required; 43 saturated areas over the 8% threshold already blocked new licences. The moratorium scales that approach city-wide during the PGOU review.
Why is Málaga doing this now?
To study impacts, rebalance housing supply towards long-term lets, and align the new PGOU with current realities. The mayor and press briefings link the pause to housing pressure and to a broader urban strategy.
When could things change again?
The suspension lasts up to three years or until the new PGOU rules are approved. Track the BOP and City releases for milestones.
Final words
If you’re aiming for a new Málaga tourist licence, the answer today is no—but you still have bankable options. I can help you (and your lawyer, lender and community manager) build a compliant mid-term or neighbouring-town strategy that protects yield while the city resets the rules.
