If you’re considering investing in buy-to-let properties in Málaga, particularly targeting the tourist rental market, recently proposed changes by the Málaga City Council will introduce new restrictions on tourist accommodations in specific parts of the city. Here’s a look at the main factors to consider when dealing with properties in Malaga, including affected districts and neighbourhood zones.
Zoning Restrictions on Tourist Properties in Malaga
To control the rapid expansion of tourist properties, Málaga City Council has modified its General Plan (PGOU), restricting new tourist accommodations in areas with a high concentration of such properties. Here’s an overview of the zones and affected districts:
- Amendment to the General Plan (PGOU): The new amendment limits or bans tourist accommodations in certain neighbourhoods, depending on their existing percentage of tourist properties.
- Three Defined Zones Based on Tourist Pressure: Neighborhoods are divided into zones based on their level of tourist accommodation concentration.
Zone 1: High Tourist Pressure (No New Registrations)
You will not be able to register new tourist properties in neighbourhoods where tourist properties are more than 8% of residential stock. This zone includes 43 neighbourhoods. These areas experience the highest number of tourist properties in Malaga, affecting local housing availability and rental prices.
Key neighborhoods in Zone 1 include:
- Historic Center
- El Ejido
- La Merced
- Lagunillas
- Capuchinos
- El Molinillo
- Baños del Carmen
- Martiricos
- Torre del Río
- Pacífico
These neighbourhoods face a “no new tourist accommodation” rule due to their high residential tourist pressure, which has affected housing prices and accessibility for local residents.
Zone 2: Moderate Tourist Pressure (Restricted Growth)
In Zone 2, neighbourhoods have tourist properties making up between 4.53% and 8% of the residential stock. You can register new tourist accommodations here but only under strict conditions. Properties must have independent entrances and services. Zone 2 includes 32 neighbourhoods, offering limited opportunities for new tourist investments while maintaining controlled growth.
Key neighbourhoods in Zone 2 include:
- Mármoles
- Perchel Sur
- Huelin
- La Princesa
These neighbourhoods are deemed “restricted growth” zones. Only limited expansion of tourist accommodations is allowed, to prevent further housing market pressure on residents.
Zone 3: Low Tourist Pressure (Permitted Growth)
Zone 3 consists of neighbourhoods with tourist properties making up less than 4.53% of the residential stock. New tourist accommodations can be registered in these areas, provided they comply with regulations. Regulations such as having independent access and separate general services.
This zone includes 296 neighbourhoods in Málaga, where new tourist properties are permitted, given that they meet regulatory requirements. For investors, Zone 3 offers the most potential for new tourist accommodations without facing as many restrictions as the other zones.
Non-Residential Municipal Districts
46 municipal districts across Málaga are classified as non-residential. These are excluded from consideration for tourist use under the tourist property typology. In these areas, tourist accommodations will not be permitted as they do not meet residential zoning criteria.
Regulatory Requirements for Tourist Properties in Malaga
All tourist properties must meet specific criteria:
- Independent Access and Services: Tourist accommodations must provide separate access and evacuation routes, as well as independent general installations (e.g., utilities).
- Registration Caps in Each Zone: New tourist properties can only be registered until the neighbourhood’s cap is reached. Once the maximum number of allowed tourist properties is met, no new registrations will be accepted.
Impact of Tourist Housing on Residential Areas
Tourist housing has various effects on residential areas, often affecting both availability and affordability for locals:
- Higher Property Prices and Reduced Stock: Neighborhoods with a high percentage of tourist properties tend to see inflated property values. This housing less accessible to local residents.
- Increased Rental Rates: Tourist accommodations often yield higher returns than traditional rentals, leading to higher rental prices in affected areas.
- Community Demographics: In neighbourhoods with high tourist accommodation density, long-term residents may decrease, impacting the community’s stability and local services.
Potential Future Adjustments
The City Council has committed to regular reviews of these regulations:
- Annual Review: Málaga City Council will review the number of tourist properties allowed per neighbourhood one year after the modification takes effect.
- Periodic Updates Every Four Years: After the initial review, the authorised number of tourist properties will be assessed every four years, allowing for adjustments based on current needs and pressures.
Municipal Guidance and Compliance
To operate within Málaga’s tourist accommodation framework, investors need to remain compliant with the latest regulations:
- Compliance with Local Decrees: The recent regulations align with Decree 31/2024 from the Junta de Andalucía, allowing municipalities to restrict tourist accommodations to protect residential housing.
- Awareness of Ongoing Amendments: As Málaga’s approach to managing tourist properties evolves, stay informed of any new amendments or restrictions to make informed investment decisions.
For prospective investors, Málaga’s updated PGOU will introduce a clear framework. It will categorise neighbourhoods into zones with specific guidelines on tourist accommodations. By understanding these zoning restrictions, regulatory requirements, and potential impacts on residential areas, investors can better navigate Málaga’s buy-to-let market and make informed choices.
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