Tourist Rental License in Mijas

Navigating the Mijas Tourist Licence: A Founder’s Guide to Junta de Andalucía Compliance

As the founder of costadelsolhabitat.com, I have spent years on the ground here in the Comarca of the Costa del Sol Occidental, helping international buyers transition from dreaming of a Mediterranean home to successfully operating one. Over the years, I have coordinated legal, administrative, and property management services for hundreds of owners across our beautiful, split municipality of Mijas.

With its sprawling 148.8 square kilometres, Mijas is one of the fastest-growing municipalities on the Costa del Sol. The municipal padrón (INE January 2025) shows our population has surged to 95,104 inhabitants, climbing rapidly from 85,000 mid-decade and surpassing 91,000 in 2021. What makes Mijas truly special, however, is its international heartbeat. Between 35% and 50% of our residents are foreign-born or foreign nationals. In fact, we host the largest British community of any municipality in Andalusia (around 10,000 residents), alongside a thriving Nordic and Scandinavian contingent of approximately 2,886 people (led by 900 Swedes), over 1,020 German nationals, and vibrant Belgian, Dutch, Moroccan, and Ukrainian communities. In total, 127 nationalities live side-by-side here.

For many of these international owners, renting out their property as a holiday let (Vivienda de Uso Turístico, or VUT) is a vital way to offset holding costs. However, securing a tourist licence (licencia turística) and maintaining compliance with the Junta de Andalucía and the Ayuntamiento de Mijas has become a complex administrative journey.

This guide is designed to give you the exact, locally-specific administrative roadmap you need to legally register and run a holiday rental in Mijas, drawing directly on my years of practical experience.

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The Three-Tiered Geography of Mijas and Its Rental Market

To understand how to run a successful, compliant holiday rental here, you must first understand our unique geography. Mijas is split into three distinct nuclei, and the type of property you own dictates your management, maintenance, and administrative priorities:

• Mijas Pueblo: Our historic white hill village, perched on the slopes of the Sierra de Mijas at an altitude of approximately 430 metres. Properties here are often traditional townhouses or apartments with whitewashed walls, requiring careful attention to heritage preservation and local aesthetic guidelines.
• La Cala de Mijas: Once a small fishing village, this is now a bustling coastal resort. It is the heart of our beachfront rental market, where English is practically a working language.
• Las Lagunas: A dense, modern commercial and residential belt that physically fuses with the municipality of Fuengirola. This area features high-volume apartment blocks popular for long-term rentals and budget-conscious holidaymakers.

Surrounding these hubs are our sprawling urbanizaciones: the hillsides of Calahonda (Sitio de Calahonda) and Riviera del Sol, the pine-fringed streets of El Chaparral and El Faro, the resort communities of Miraflores, Torrenueva, and El Coto, and the prestigious golf valleys of La Cala Golf and Mijas Golf.

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Step 1: Navigating the Ayuntamiento de Mijas and the PGOU

Before you can apply for a tourist licence from the regional government (Junta de Andalucía), your property must comply with local municipal planning laws. In Mijas, this is governed by the Plan General de Ordenación Urbana (PGOU de Mijas, Texto Refundido 2013, along with its recently registered municipal modifications through 2024-2025).

The First Occupation Licence (LFO)

To register a tourist rental, the Junta de Andalucía requires you to declare that your property has a Licencia de Primera Ocupación (LFO) or an equivalent municipal document (such as a Cédula de Habitabilidad for older properties). If you own a newer apartment in La Cala or a villa in Mijas Golf, your lawyer should have secured this during the purchase process. However, if you have bought an older village house in Mijas Pueblo or a rustic finca on the slopes of the Sierra de Mijas, finding or obtaining this document can be a major hurdle.

If the LFO is missing, you must hire an architect to inspect the property, draft a technical file, and submit a request to the Ayuntamiento de Mijas to obtain a retroactive certificate of compatibility or an Asimilado al Régimen de Fuera de Ordenación (AFO), which can take several months to process.

Municipal Permits: Obra Menor vs. Obra Mayor

Many owners purchase a property and immediately want to renovate it to maximize rental yields. It is vital to understand what municipal permits are required:

• Obra Menor (Minor Works): Installing pergolas, awnings (toldos), terrace decking, or non-structural glass curtains can usually be processed via a declaración responsable (responsible declaration) or a licencia de obra menor at the town hall.
• Obra Mayor (Major Works): Any structural changes, extensions, new swimming pools, or major layout reconfigurations require a full visado project drawn up by an architect and approved by the Colegio de Arquitectos, followed by a formal municipal licence.

Local Environmental and Coastal Constraints

Mijas has unique geographical protections that can halt a renovation or rental project if ignored:

• The Ley de Costas: If your property is on the beachfront in La Cala, El Faro, or Torrenueva, it may fall within the servidumbre de protección (protection setback zone) of the Spanish Coastal Law. Any external works in this zone require prior authorization from the Demarcación de Costas before the Ayuntamiento can issue a building permit.
• The Sierra de Mijas Protection: The limestone range rising behind the Pueblo peaks at around 1,150 metres. This area of approximately 29,000 hectares is protected monte público (public mountain land) and a candidate for Natural Park status. If your villa is located on the rustic hillsides bordering this zone, you will face strict environmental constraints, particularly regarding fire-prevention measures, waste-water treatment, and clearing dry brush.

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Step 2: The Crucial Role of the Comunidad de Propietarios

Even if the town hall approves of your property, your neighbours might not. Under Spanish horizontal property law, a Comunidad de Propietarios (Homeowners' Association) has the legal right to limit or ban holiday rentals within their urbanization or building, provided they achieve a three-fifths (60%) majority vote of the owners representing 60% of the community quotas.

Before purchasing a property in complexes across Riviera del Sol, Calahonda, or Miraflores with the intention of renting it out, your lawyer must check the community statutes (estatutos). If a ban is already registered in the Land Registry (Registro de la Propiedad), you will not be able to obtain a tourist licence.

Furthermore, community rules dictate what you can do to the exterior of your property. If you want to install glass curtains to enclose a terrace, put up a specific colour of awning, or install a pergola to protect guests from the intense summer heat, you must obtain formal approval from the community administration before applying for your municipal obra menor permit.

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Step 3: Registering with the Junta de Andalucía

Once you have confirmed your LFO is in order and there are no community bans, you can proceed with the formal registration of your Vivienda de Uso Turístico (VUT) with the Registro de Turismo de Andalucía.

The Declaración Responsable

The registration is done online using a digital certificate (such as a Certificado Digital or Cl@ve). You, or your appointed gestor or lawyer, will submit a Declaración Responsable de Inicio de Actividad (Responsible Declaration of Commencement of Activity).

In this document, you legally declare under oath that the property meets all regional quality and safety standards, including:

• Direct ventilation to the outside or to interior courtyards.
• Adequate furniture and appliances for the occupancy limit declared.
• Air conditioning units installed in all bedrooms and living areas (a strict requirement in Andalusia for properties rented between May and September).
• Heating installed if rented between October and April.
• A first-aid kit and official complaint forms (Hojas de Reclamaciones) physically available in the property.
• An emergency contact number available to guests 24/7.

What Happens Next?

Upon successful submission, the system will instantly issue a provisional registration number (formatted as VFT/MA/XXXXX or the newer VUT/MA/XXXXX). This is the number you must display on all online listings, including Airbnb, Booking.com, and VRBO.

However, this is not the end of the process. The Delegation of Tourism will eventually schedule an in-person inspection of your property to verify that everything declared in your submission is true. If they find discrepancies (e.g., a bedroom without air conditioning or an occupancy limit that exceeds the LFO), they can cancel your licence and issue significant fines.

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Step 4: Ongoing Legal, Fiscal, and Management Obligations

Operating a legal holiday let in Mijas involves several ongoing administrative and operational tasks.

Guest Registration (Guardia Civil)

Within 24 hours of any guest's arrival, you are legally required to register their passport or national ID details with the Spanish authorities. In Mijas, this is done through the Guardia Civil's online portal (Hospederías). Failure to register guests is considered a serious breach of national security laws and carries heavy penalties.

Tax Obligations for Non-Residents

Renting out property in Spain triggers tax liabilities. If you are a non-resident owner, you must declare your rental income quarterly using Modelo 210:

• EU/EEA Residents: Taxed at a flat rate of 19% on net income. You are allowed to deduct legitimate expenses, such as property management fees, community fees, IBI (rates), rubbish tax (basura), utility bills, and depreciation.
• Non-EU Residents (including UK Residents post-Brexit): Taxed at a flat rate of 24% on gross income. Crucially, non-EU residents are not allowed to deduct any expenses. This makes efficient pricing and professional property management even more critical to maintaining profitability.

Cross-Border Legalities

Given our highly international demographic, many owners face complex cross-border estate planning. Whether you are British, Swedish, or German, owning a Spanish asset like a holiday rental means you should have a Spanish will drafted specifically to cover your Spanish assets. This ensures that your property, and its accompanying rental business, can be smoothly managed or transferred without navigating conflicting international probate laws.

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Step 5: Preparing Your Property for the Mijas Climate and Environment

The microclimate of Mijas is spectacular, boasting around 320 sunny days a year, approximately 3,000 hours of sunshine, and summer highs that frequently hover around 30 degrees Celsius (and sometimes higher when the hot, dry terral wind blows down off the Sierra de Mijas).

However, this intense climate, combined with our coastal location, presents unique property maintenance challenges that directly impact your rental's viability and guest satisfaction:

1. High UV Degradation and Solar Load

The summer UV index in Mijas frequently reaches 9 or 10+. This extreme solar load causes rapid material degradation. Cheap outdoor fabrics, low-grade artificial grass, and standard plastic furniture will fade, crack, and disintegrate within a single season.

• Action: Invest in high-quality, UV-stabilized artificial grass for terraces, and use marine-grade fabrics for awnings (toldos) and outdoor cushions. Ensure your property manager regularly checks and services your air conditioning units, as they will be running constantly during the peak summer months.

2. Salitre (Salt Salinity)

If your property is in La Cala, El Faro, Riviera, or Torrenueva, it is exposed to high levels of salitre (salt spray carried by the coastal sea breezes). Salt air corrodes metal railings, ruins outdoor kitchen appliances, and leaves a white residue on windows and glass curtains.

• Action: Outdoor fixtures should be made of high-grade stainless steel (316 marine grade) or treated aluminum. Regular pressure washing of terraces and window cleaning are essential parts of any coastal property management contract.

3. Local Pest Control Challenges

The warm climate of the Costa del Sol makes pest control an ongoing necessity:

• Processionary Caterpillars: If your property has pine trees (common in El Chaparral, Calahonda, and El Coto), you must be vigilant about Pine Processionary Caterpillars (procesionaria del pino). Their highly toxic hairs are dangerous to children and lethal to pets. Nest removal must be done professionally in late winter.
• Termites and Wood-Boring Insects: Older properties in Mijas Pueblo and rustic fincas require regular timber inspections.
• Bird-Proofing: Coastal apartments often suffer from nesting seagulls and pigeons, requiring professional netting or spikes to keep balconies clean for guests.

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Summary Checklist for Mijas Holiday Let Compliance

To ensure your rental business starts on solid legal ground, follow this step-by-step checklist:

1. Verify the LFO: Ensure your property has a valid Licencia de Primera Ocupación or municipal equivalent.
2. Check Community Statutes: Confirm that your Comunidad de Propietarios has not registered a ban on holiday rentals.
3. Obtain Community Approval for Alterations: Secure written permission before installing glass curtains, aircon compressors, or specific awnings.
4. Secure Municipal Permits: File a declaración responsable at the Ayuntamiento de Mijas for any minor aesthetic renovations.
5. Submit the Junta de Andalucía Registration: File your Declaración Responsable de Inicio de Actividad online to get your VUT registration number.
6. Set Up Guest Registration: Register your property with the local Guardia Civil portal for guest ID submissions.
7. Appoint a Fiscal Representative: Ensure your quarterly Modelo 210 tax returns are filed correctly, keeping in mind the different rules for EU and non-EU (UK) residents.
8. Hire Local Property Management: Partner with a local team to handle the high UV maintenance, coastal salitre cleaning, seasonal pest control, and 24/7 guest emergencies.

By taking these steps, you protect your investment, avoid costly municipal and regional fines, and provide a safe, legal, and beautiful holiday experience for the thousands of international visitors who flock to Mijas every year.