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Malaga's veto on holiday homes in certain areas comes into effect today, 14 January, The Official Provincial Gazette (BOP) has published the modification of the general urban development plan (PGOU), which bans the registration of new holiday rentals in 43 districts of the city where these properties already reach or exceed 8% of the proportion of family housing.
The measure was approved by the ruling party at a Malaga city council meeting in December 2024. The objective is to put the first significant halt to the consistent increase in holiday rentals in the capital of the Costa del Sol. A period of three years begins in which the effects of this measure will start to be applied practically in its entirety, with the expectation that it will be extended in due time, as the ban will probably receive definitive approval before the three years have elapsed.
As of today, no new tourist flats can be registered in the 43 areas of the city that a study carried out by municipal planners classified as 'saturated' - neighbourhoods where the number of holiday rentals has already reached or exceeded 8% of the residential stock. The modification also establishes a second zone of 32 areas, where the proportion of tourist housing reaches or exceeds 4.53%. In these areas, new registrations will only be allowed until the 8% limit is reached. A third zone with an index below 4.53% has also been outlined. This change to the general plan states that the maximum number of tourist flats in each of the neighbourhoods studied will be reviewed one year from now and will then be reviewed at least every four years.
The areas in which new tourist dwellings are banned are: Historic Centre, El Ejido, La Merced, Lagunillas, Capuchinos, El Molinillo, Ensanche del Centro, La Goleta, San Felipe Neri, La Trinidad, Conde Ureña, Cristo de la Epidemia, La Victoria, Ventaja Alta, Campos Elíseos, Cañada de los Ingleses, La Malagueta, Perchel Norte, Plaza de Toros Vieja, El Candado, El Chanquete, El Palo beaches, Camino del Colmenar, Peinado Grande, Santa Paula-Miramar, Baños del Carmen, La Viña, Las Acacias, Pedregalejo beach, Torre de San Telmo, Pinares de San Antón, Martiricos, Málaga 2000, Torre del Río, Torres de la Serna, Pacífico, Santa Isabel, Tabacalera, Guadalmar, La Cizaña and the outlying areas of Puerto de la Torre.
However, in the rest of the city's districts the limitation approved by Malaga council last June will remain in force, with retroactive effect from 22 February last year, so that tourist flats registered since then that do not have access and supplies independent from the residential building in which they are located will have their licences cancelled.
The city council highlights that the initial approval of the modification of the general urban development plan, which bans or limits the registration of new holiday rentals in certain districts of Malaga, included an additional provision, in accordance with decree 31/2024 (amendment to various provisions on tourist housing) of the Junta de Andalucía and which allows municipal authorities to establish limitations on tourist housing for reasons of general interest. "This provision of the PGOU will be based on the restraint to tourist housing in areas where there is already a large number of them and where it is detrimental to the residential stock, according to a study that investigated the impact of tourist housing in the city prepared by Espacio Común Coop, which provides data until June this year," stated members of the council.
In the city, 13,000 holiday rentals are already officially registered, with a total of almost 68,000 beds. After Marbella, Malaga is the second municipality with the second highest volume of holiday rentals. It is worth remembering that, as of 29 October, there were 78,950 properties registered with a licence to host tourists. These properties consist of 418,740 beds. The figure is almost four times the number of beds offered by the 921 hotels and hostels in the province. This trend is moving upwards, with an average rate of fifteen rentals registratered every day. While registrations are speeding up, local councils have started to impose limitations since the tourist housing decree from last February.
With the first ban on tourist accommodation now enacted, the debate on how to avoid regulated registration of properties in the abovementioned areas of the city has begun. It is important to note that, under the current tourism law, registration in the registry occurs upon the submission of a responsible declaration, allowing the activity to begin, always under the responsibility of the declarant. After this step, the Junta initiates the verification process, which will now be expedited following an agreement signed at the end of last month between the Junta and the city council to facilitate bilateral communication and prevent new properties that do not comply with the regulations.
At present, the Junta de Andalucía points out that they already have mechanisms in place to ensure that rentals that have been withdrawn for not complying with the regulations cannot register again. Key in these regulations, the transparency of data, new registrations, changes of ownership and exchange of information will be the agreements it has already reached with Malaga, Seville and Granada. The agreement also strengthens collaboration in ensuring regulatory compliance, helping to identify urban planning violations or the absence of other sector-specific requirements. It includes the creation of a monitoring commission, composed of representatives from the administrations, to coordinate actions effectively.
In addition, a new decree has been announced by Juanma Moreno, President of the Junta de Andalucía, to regulate tourist rentals, although he has not provided further details.
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