In May 2026, Spain's Constitutional Court struck down the national short-term rental registry — the Registro Único de Arrendamiento (RUA). The ruling found that creating a centralised national registry exceeded the Spanish government's constitutional authority. Regulation of tourist accommodation, the court concluded, falls to Spain's 17 autonomous communities, not the national government.
That ruling has created real confusion among property owners. Some have taken it to mean they can skip registration entirely.
That reading is wrong. And if you own a property in Marbella, acting on it could cost you your listing.
What the Court Actually Struck Down
The court invalidated the national registry — a proposed central database that would have required all short-term rental owners across Spain to register at the state level.
That registry never fully came into force. The court ended it before it did.
What it did not touch is the regional licensing systems that have been operating for years. Those existed before the national registry was proposed and remain in full effect after the ruling.
Andalusia's VFT Requirement Still Applies
In Andalusia — the region that includes Marbella, Estepona, Benahavís, and the wider Costa del Sol — short-term rental properties are regulated as viviendas con fines turísticos, or VFT. This licensing requirement runs through the Junta de Andalucía, not the national government.
The court ruling is entirely irrelevant to the VFT system. It was never part of the national registry. It was never challenged. It continues to operate exactly as before.
To legally rent your property short-term in Marbella, you need a valid Junta de Andalucía VFT registration number. Platforms including Airbnb and Booking.com require this number at the point of listing. Without it, your property cannot legally appear on those platforms.
The VUDA System Is Unchanged
Alongside regional licensing, the VUDA system — Spain's national digital identifier for tourist accommodation — remains in place. This covers annual reporting obligations. The first VUDA report deadline was 2 March 2026; subsequently, reports are due every February.
The VUDA is a reporting mechanism, not the registry the court struck down. It is separate and unaffected by the ruling.
What Marbella Owners Need to Do
If you own a short-term rental property in Marbella and are not yet registered with the Junta de Andalucía, the ruling does not give you a window of relief. The practical steps remain the same:
- Register your property as a VFT through the Junta de Andalucía before listing on any platform
- Ensure your licence number is active and correctly displayed in all platform listings
- File your annual VUDA report before the February deadline each year
If you are considering purchasing a property with the intention to rent short-term, always verify whether an existing VFT licence is attached to the property. Licences are granted per property and cannot always be transferred.
The Bigger Picture
The court ruling does clarify one thing clearly: short-term rental regulation in Spain is, and will continue to be, a regional affair. Different communities have different rules. The Balearic Islands, Catalonia, and Andalusia all operate distinct frameworks.
For buyers and owners in Marbella, the relevant authority is the Junta de Andalucía. That has not changed, will not change, and the May 2026 ruling does nothing to change it.
The owners who move forward correctly are the ones who understand what the ruling actually said — and what it left intact.