Buyer guide
Tourist Rental Licences in Benahavís: What Buyers Need to Check
Community approval, municipal compatibility and Andalusian registration: the checks to complete before relying on tourist-rental income.
A property in Benahavís is not automatically suitable for tourist rental. Buyers should verify three separate layers before relying on rental income: the owners' community, municipal planning rules and Andalusian tourism requirements.
1. Check the owners' community
For a new activity in a building governed by horizontal-property law, the rules applying from 3 April 2025 require express community approval by three fifths of all owners representing three fifths of the participation quotas. Statutes may also prohibit or condition tourist use. An activity predating that date needs individual legal verification.
2. Confirm municipal compatibility
The Junta de Andalucía requires compliance with municipal urban-planning rules. Verify the exact address with the Ayuntamiento de Benahavís and an independent lawyer. Do not rely on a general claim about an entire development or neighbourhood.
3. Verify the Andalusian registration
Starting the activity requires an electronic responsible declaration. Registration in the Registro de Turismo de Andalucía does not replace community approval or municipal compliance. For an existing registration, verify the property, declared operator and update procedure after purchase.
4. Check the dwelling and capacity
The rules generally require at least 14 m² of built area per guest and 25 m² for the dwelling, plus ventilation, equipment, cooling from May to August and heating from December to March, subject to official exceptions. Confirm the permitted occupancy from the official file.
- Community statutes, recent minutes and written approval
- Current tourism registration and declared operator
- Nota simple, cadastral reference and relevant licences
- Written municipal compatibility confirmation
- Verified capacity and technical compliance
- Any complaints, sanctions or restrictions
5. Review the figures realistically
Gross bookings are not net return. Management, cleaning, utilities, community fees, maintenance, insurance, tax, seasonality and vacant periods affect the result. If permission remains uncertain, value the property without tourist income.