Current situation: Are licenses already granted at risk?
Licenses already granted under the previous regulations are not automatically cancelled upon the entry into force of the new law. However, their continuation is subject to the transitional arrangements and compliance with certain requirements.
In practice, while local councils adapt their municipal urban planning, and the urban compatibility of tourist use is clarified (a process that is still underway in most municipalities), holders of VV licenses can continue to operate their homes, generally classified under the so-called simple continuity regime.
However, if the owner's objective is to maintain the activity in the long term, it is essential to know the other alternatives offered by the transitional regime and assess which one is the most appropriate in each case.
The transitional regime: three possible alternatives.
The new law distinguishes three scenarios for holiday homes with a previous tourist license (i.e., in operation before the entry into force on 13/12/2025).
Declaration of consolidated tourist use.
The declaration of consolidated tourist use is, in practical terms, the most stable way to maintain holiday accommodation long-term and continue with tourist rentals with an indefinite purpose, provided that the following requirements are met, among others:
- That the owner is also the license holder.
- That the property has been continuously rented as a holiday home for at least one year before the law came into effect
- That there is no statutory prohibition or agreement of the community of owners that prohibits tourist use.
- Submit the application to the City Council within a period of five years.
The established tourist use is linked to the specific dwelling and is extinguished, among other cases, by the cessation of rental activity for more than one year, the sale of the property, the change of the license holder, as well as by the demolition, the declaration of ruin or the substantial transformation of the dwelling.
Simple continuity regime.
This is the system in which most owners with prior licenses are currently found and does not require an application or administrative resolution.
It allows you to continue operating your holiday rental for up to five years from the date the law comes into effect. What happens after those five years? There are two options:
- Adapt to the new regime and obtain a new permit/license, if there is urban planning compatibility in the municipal planning
- Cease tourist activity.
Exceptionally , this period may be extended up to ten years, if it is proven that the loss of the right within five years would cause serious and disproportionate economic harm.
Extraordinary extension for professional exploiters.
This is an exceptional option, designed for professional operators dedicated exclusively to tourist rentals.
It allows the property to be used for tourist purposes for up to 20 years, in exchange for compensation to the residential housing market, through measures such as the construction or acquisition of homes intended for long-term rental.
It is not an automatic option; it requires express authorization and involves high requirements and costs.
What do we recommend from a practical point of view?
In the current context, owners with a prior license can continue to operate their property as normal, at least for the next five years. However, the new regulatory framework is in a transitional phase, as local councils are still in the process of adapting their urban planning to the new law, creating a changing and, in many cases, poorly defined scenario.
For this reason, although it is not necessary to make immediate decisions, it is essential to plan ahead and analyze whether the requirements are met in order to, when the time comes, request the declaration of consolidated tourist use or opt for the most appropriate alternative in each case.
Incorrect planning or a late decision can result in the permanent loss of the right to continue operating the property as a holiday home.
At Fimax Asesores we offer comprehensive technical and legal advice, carrying out personalized studies of each property and accompanying the owners throughout the entire process, with the aim of guaranteeing the best possible option within the new regulatory framework.
