New Additional Provision 3rd. Tourist Apartments (Modification of Málaga’s 2011 PGOU): Frequently Asked Questions
Málaga is changing, and if you have —or are thinking of having— a tourist apartment, this news directly concerns you. The Málaga City Council has initially approved a major modification of the 2011 General Urban Development Plan (PGOU) or Plan General de Ordenación Urbana en Málaga, including a new 3rd Additional Provision called Nueva Disposición Adicional 3ª. Viviendas de uso turístico, that regulates tourist apartments for the first time. This new regulation seeks to balance tourism growth with the quality of life of year-round residents.
What does this mean for you? Keep reading, because it could affect your property, your investments… and your future plans.
1. WHAT EXACTLY IS CHANGING WITH THE NEW PGOU MÁLAGA 2025 REGULATION FOR TOURIST APARTMENTS?
Until now, urban legislation had not clearly addressed the massive growth of tourist apartments in Málaga, especially in areas like the Historic Center, La Malagueta, and Soho.
With the newly approved modification:
Clear rules are established on where new tourist apartments can be located.
Residential areas already saturated with tourist rentals are protected.
Regulations are set for which buildings can house new tourist apartments and under what conditions.
It aims for a more sustainable tourism model that respects Málaga’s identity and residents' quality of life.
In short: more legal certainty for owners and investors, but also tighter control over new openings.
2. WHEN DOES THIS REGULATION COME INTO FORCE?
Currently, the modification has been initially approved (April 2025).
The process is as follows:
Public exhibition period (30 calendar days) for submitting objections.
Evaluation of objections and final approval by the City Council’s Plenary Session (expected in the second half of 2025).
Official publication and immediate entry into force thereafter.
If everything goes as planned, the new PGOU Málaga 2025 regulation could come into effect in autumn of this year.
What does this mean for you? Now is the time to review your situation and get ahead of the changes before they become mandatory.
3. HOW COULD THIS AFFECT YOU IF YOU HAVE OR WANT A TOURIST APARTMENT IN MÁLAGA?
This new regulation could impact you in several ways:
If you already operate a tourist apartment, you must ensure it complies with the new requirements.
If you want to convert a property into a tourist apartment, there will be new zoning and building conditions.
If you are planning to buy for investment, you'll need to carefully consider location and applicable regulations.
In newly constructed buildings, special requirements could be imposed to ensure residential and tourist uses are compatible.
Therefore, if you are thinking about investing in tourist apartments in Málaga, proper legal and urban planning advice is more crucial than ever.
4. DOES THIS REGULATION ONLY AFFECT MÁLAGA CITY CENTER?
No. Although the Historic Center is one of the main focus areas, the regulation will apply across the entire city of Málaga, including coastal, tourist, and emerging neighborhoods.
5. IN WHICH AREAS OF MÁLAGA WILL THERE BE MORE RESTRICTIONS?
Especially in neighborhoods already saturated with tourist apartments, such as the Historic Center, El Perchel, and La Malagueta. Each zone will have its specific regulations.
6. CAN I CONTINUE RENTING OUT MY TOURIST APARTMENT IN MÁLAGA?
It depends. If your property already has a license and meets the requirements established by the new modification, you can continue operating. If not, you will have to adapt to the new standards.
7. DO I NEED TO TAKE ACTION IF I ALREADY HAVE A REGISTERED TOURIST APARTMENT?
It will depend on the area and whether you meet the new urban planning conditions. Although acquired rights will generally be respected, it is highly advisable to review your legal situation as soon as possible.
8. DOES THIS REGULATION AFFECT NEWLY CONSTRUCTED BUILDINGS?
Yes. New buildings intended for tourist apartments must meet additional requirements such as accessibility, adequate communal spaces, and compliance with compatible use regulations.
9. CAN I ADAPT MY PROPERTY TO COMPLY WITH THE REGULATION?
In many cases, yes. With the right advice, you can make adjustments that will allow you to continue operating legally or find profitable alternative uses for your property.
10. WHAT IF I BUY A PROPERTY NOW? WILL I HAVE PROBLEMS WHEN THE REGULATION CHANGES?
If you buy a property now, it is crucial to have an expert verify whether it will comply with the new PGOU Málaga 2025 regulations. This will help you avoid unpleasant surprises later.
11. IS IT A GOOD TIME TO INVEST IN TOURIST APARTMENTS IN MÁLAGA?
Yes, but you must carefully select the property and its location. An investment backed by sound advice and adapted to the new regulation will offer greater profitability and security in the long term.
12. WHAT HAPPENS IF I IGNORE THE NEW REGULATION?
Operating a tourist apartment without complying with the new rules could result in:
Significant financial penalties.
Closure of your activity.
Difficulties selling or renting the property in the future.
And you? Are you going to secure your investment?
At Munoz Barcia Architects, we are experts in urban planning regulations and we help you:
Analyze if your property complies with the new regulation.
Handle licenses and necessary permits.
Maximize the value and profitability of your property in Málaga.
Contact us for a free consultation.
Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69
Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993
