Regulations · Málaga · in force since 25 July 2026

Málaga PGOU amendment: what changes for owners and buyers

On 25 July 2026, an amendment to Málaga’s general urban plan came into force. It goes further than the 2025 freeze on holiday let licences, and it contains a second measure that hardly anyone is talking about in English: converting commercial premises into homes is now restricted.

Here we set out what the text says, with its exact references, and what it changes in practice depending on your plans. We are an estate agency, not a planning consultancy: every case must be checked with the town hall or an architect before you commit to anything.

Key points

On land zoned as residential, tourist accommodation becomes an incompatible use, no longer a permitted alternative use.
This covers hotels, hostales, guesthouses, hostels, tourist apartments and viviendas de uso turístico (holiday lets).
Converting commercial premises into homes is restricted, with street-level bans and new technical requirements.
Duration: three years at most, or until the PGOU is finally approved.
Applications filed before publication in the official gazette are exempt from the suspension.

What the text says exactly

Amendment to detailed rule (norma pormenorizada) no. 28 of Málaga’s 2011 PGOU.
City council resolution, published in the Provincial Official Gazette (BOP) on 24 July 2026.
In force from: 25 July 2026.
Stated purpose: to protect and promote residential use in the face of the growing tourism sector.

This is not a separate text from the 2025 freeze but its continuation. In August 2025, the city council suspended the registration of any new holiday let in the municipality. The July 2026 amendment writes that logic into the urban plan itself, in other words into the rule that decides what you are allowed to do with a building.

Measure 1: tourist accommodation becomes incompatible with residential use

On land zoned as residential, the amendment suspends the granting of licences for any new hotel, hostal, guesthouse, hostel, tourist apartment or vivienda de uso turístico.

The legal nuance matters: until now these uses were considered alternative or compatible with residential use. They now become incompatible. It is no longer a matter of obtaining permission, it is a matter of what the land is designated for.

The measure covers every residential zoning category in the city: the historic centre, closed blocks, open layouts, garden-city areas, detached and semi-detached housing areas, and traditional working-class estates. In other words, almost the entire housing stock.

Measure 2: converting commercial premises into homes

This is the least discussed part, and yet the one that affects the most foreign buyers. Buying ground-floor commercial premises, cheaper per square metre, to turn them into a flat is a common strategy. In Málaga, it is now tightly regulated.

Banned on first and second-tier streets, and in buildings facing a square.
Stricter natural light and ventilation requirements.
Limited maximum depth : it cannot exceed twice the width of the frontage.
The new home cannot adjoin storage premises in the same building.
Residential use of mezzanines is regulated in more detail.

What to keep in mind before buying commercial premises: whether a conversion is feasible no longer depends only on the community of owners’ consent and the floor area. It now depends on the street category, the shape of the premises (depth against frontage width) and its openings.

These three points must be checked before making an offer, not after. Deep, narrow premises on a main street that looked like a bargain may no longer be convertible at all.

What is exempt from the suspension

Licence applications and planning instruments filed before the BOP publication date are not affected by the suspension. If an application was in progress on 24 July 2026, it follows its own regime.

If this applies to you, the filing date is the key document in your file: get it confirmed in writing.

What it changes for your project

Buying for holiday lets

A home bought today in Málaga city cannot be registered as a holiday let. The PGOU amendment locks in what the 2025 freeze had suspended.

No, look at neighbouring towns

Buying a property that already has a licence

Existing licences keep working as long as the property remains compliant. In a city that no longer grants new ones, this becomes a scarce asset, and the price reflects it. Check the registration number before making any offer.

Yes, with checks

Buying commercial premises to convert

Still possible, but under strict conditions: street category, depth against frontage width, light and ventilation, adjoining premises. Have an architect assess it before making an offer.

Conditional, to be checked

Buying to live in or to let long term

Nothing changes. It is in fact the stated aim of the text: to protect residential housing. The market remains open and active.

Yes, no restrictions

What this page does not say

In all honesty, and because we would rather tell you what we do not know:

This is an initial approval. The final text may change before the PGOU is finally approved.
Public sources do not detail what happens to buildings already in tourist use other than registered holiday lets. To be checked case by case.
The exact list of first and second-tier streets depends on the municipal classification: it can be consulted with Málaga’s planning department.
We are neither architects nor lawyers. This page informs; it does not replace a feasibility study.

And elsewhere on the Costa del Sol

These rules are specific to the municipality of Málaga. Neighbouring towns apply their own rules, and not all of them are closed: in Torremolinos, there is currently no municipal moratorium and a new holiday let licence is still possible.

For the Málaga market as a whole (prices by neighbourhood, yield, buying steps), see our complete guide to buying in Málaga.

Is your project affected by these rules?

Tell us what you have in mind. We check feasibility before you commit (licence status, street category, feasibility of a change of use) and put you in touch with an architect or a lawyer when the case requires it.

Frequently asked questions

What exactly is the PGOU?

The Plan General de Ordenación Urbanística is the municipality’s urban plan. It determines what can be built and what each plot and building can be used for. The amendment of 25 July 2026 concerns detailed rule no. 28 of Málaga’s 2011 PGOU.

How is this different from the August 2025 licence freeze?

The 2025 freeze suspended the registration of new holiday lets. The 2026 amendment goes further: it writes the incompatibility between tourist accommodation and residential land into the urban plan itself, and adds a second measure on converting commercial premises into homes.

Can I still convert commercial premises into a home in Málaga?

Yes, but under much stricter conditions since 25 July 2026: it is banned on first and second-tier streets and in buildings facing a square; the depth of the premises cannot exceed twice the frontage width; light and ventilation requirements are stricter; and the home cannot adjoin storage premises in the same building. A feasibility study by an architect is essential before making any offer.

Is my application affected if I filed it before?

Licence applications and planning instruments filed before publication in the BOP on 24 July 2026 are exempt from the suspension. The filing date is therefore the key document: get it confirmed in writing.

How long will this suspension last?

Three years at most, or until the PGOU amendment is finally approved, whichever comes first. The current text is an initial approval and may still change.

Does this apply to the whole Costa del Sol?

No. These rules are specific to the municipality of Málaga. Each town has its own. Torremolinos, for example, has not introduced any municipal moratorium to date.

Talk your project through with someone on the ground

If you are planning to buy in Málaga or a neighbouring town, this PGOU amendment could change your plans completely. VivaStay is an estate agency on the Costa del Sol : we follow these rules town by town, and we tell you plainly when a project is no longer feasible.

Sources

Amendment to detailed rule no. 28 of Málaga’s PGOU (2011), city council resolution published in the BOP of 24 July 2026, in force on 25 July 2026 ; suspension for three years at most or until final approval; applications filed before publication exempt. Reported among others by the Territorial Association of Property Administrators of Málaga and Melilla.
Details of the uses suspended on residential land (hotels, hostales, guesthouses, hostels, tourist apartments, viviendas de uso turístico) and of the residential zoning categories concerned: local press, 24 July 2026.
Conditions for changing the use of commercial premises: ban on first and second-tier streets and buildings facing a square, depth limited to twice the frontage width, light and ventilation requirements, no adjoining storage premises, rules on mezzanines: same source.
Freeze on new holiday lets across the whole municipality: resolution published in the BOP of 22 August 2025, in force on 23 August 2025, under article 6 of Andalusian Decree-Law 1/2025.

Page published on 9 September 2026 and checked on that date. Planning rules change: the text described here is an initial approval and may be amended before final approval. We keep this page up to date, but always check the exact situation of a property with Málaga’s planning department before committing. This information is provided for guidance only and does not constitute legal advice or a feasibility study.