Regulation for Real Estate agents in Andalusia

The Shift Toward Professionalization

Historically, Andalusia was one of the many regions in Spain where anyone could open a real estate agency without specific qualifications or insurance because there was no regulation for real estate agents in Andalusia. While this “open market” approach encouraged growth, it also left consumers vulnerable to misinformation and lack of financial protection.

The Regional Housing Law (Ley de Vivienda de Andalucía), significantly updated by Decreto-ley 1/2025, has officially established a mandatory public registry for all real estate intermediaries. This change follows the successful models implemented in Catalonia and Valencia, aimed at “weeding out” unprofessional practices and ensuring that every transaction is handled by a qualified expert.

Mandatory Registration: What Agents Need to Know

Under the new 2025 framework, registration is no longer an optional “badge of quality” but a legal requirement for both independent agents and large agencies. To join the Andalusian Real Estate Registry, professionals must demonstrate compliance with several strict criteria:

  1. Professional Qualification: Agents must prove they have completed accredited training or possess years of verifiable experience in the sector.
  2. Civil Liability Insurance: A mandatory policy must be in place to protect clients against professional negligence. Minimum coverage is typically set at €600,000 to ensure substantial consumer protection.
  3. Financial Guarantees: Agents who handle client funds (such as reservation deposits) are now required to maintain a permanent bank guarantee or bond to secure these amounts.
  4. Physical Presence: Agencies must have a physical office open to the public in Andalusia or a registered physical address for those operating primarily via electronic means.

Impact on the Holiday Rental Market

The 2025 regulations are not just about who sells a house, but how properties are managed—especially regarding Viviendas de Uso Turístico (VUT).

As of April 3, 2025, a major shift occurred: property owners in multi-unit buildings must now obtain explicit approval from 3/5 of their community of owners to operate a short-term rental. Furthermore, the introduction of the National Single Rental Register in July 2025 means that real estate agents managing these listings must ensure every property has a unique national identification number before it can be advertised on platforms like Airbnb or Booking.com.

Sanctions and Enforcement

The government has made it clear that the “wait and see” period is over. As of late 2025, a strict sanctioning regime is in place.

  • Fines: Unregistered agents or those failing to comply with the new standards face fines ranging from minor penalties to serious infractions of up to €6,000 for real estate activity violations.
  • Clandestine Activity: In the tourism sector, operating a rental “clandestinely” (without proper registration) can result in massive fines between €100,000 and €600,000.

Conclusion: A Safer Market for All

While these new requirements represent a significant administrative hurdle for some, the Official College of Estate Agents (API) and associations like GIPE have largely welcomed the move. The goal is to elevate the reputation of the Costa del Sol and the wider Andalusian region as a secure, world-class destination for property investment.

For buyers and sellers, this means more peace of mind. For agents, it is a call to professionalism and register to ensure so we can continue operating in Spain’s most vibrant property market.

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