Málaga City Council approves a modification of the PGOU to ban tourist accommodations in residential buildings without public interest. The measure affects neighbourhoods such as the Historic City and Ciudad Jardín.
The City Council of Málaga has taken a firm step to curb the tourist pressure on housing. The Local Government Board will approve this Wednesday a modification of the General Urban Planning Plan (PGOU) that automatically prohibits the establishment of new hotels, hostels, tourist apartments, hostels or guesthouses on residential land. The mayor, Francisco de la Torre, along with the municipal spokesperson, Elisa Pérez de Siles, and the councillor for Urban Planning, Carmen Casero, have announced the measure as part of the third phase of the municipal plan to regulate tourist uses.
Protecting residential use from tourist use
The modification, called detailed number 28, removes the automatic compatibility of accommodation use with residential use. From its publication in the Official Bulletin of the Province (BOP), any project wishing to install tourist accommodation on residential land must justify its public interest through a planning study or a specific modification of the PGOU.
The affected areas include Historic City, closed block areas, open planning, Ciudad Jardín, detached, terraced and traditional popular colonies. The City Council aims to preserve the balance of uses and prevent tourist expansion from continuing to displace residential use in specific neighbourhoods.
The suspension will be temporary: it will be in effect for a maximum of three years or until the definitive approval of the urban modification, which is being processed since August 2025. However, it will not affect those who have already applied for a license or have a planning instrument with tourist use underway before the official publication of the agreement.
More obstacles to converting commercial premises into homes
The reform also tightens the transformation of commercial premises into homes, a rising practice in Málaga. From now on, this change of use will not be allowed on first and second order streets or in premises facing squares. Additionally, the properties must meet new requirements for habitability, lighting and ventilation.
Among the requirements, it stands out that the depth of the premises cannot exceed twice the width of the façade to ensure the entry of natural light. Future homes cannot adjoin storage rooms within the same registry parcel. The regulations also cover mezzanines and intermediate floors: they must have a minimum clear height of 2.30 metres at the top and 2.50 metres at the bottom, with a minimum area of 8.75 square metres if intended for housing.
For the residents of Málaga, this means it will be more difficult for a commercial ground floor in their neighbourhood to be converted into a tourist apartment or poorly conditioned housing. The measure aims to avoid health and coexistence problems in densely populated areas.
Three phases to contain tourist expansion
This new offensive adds to previous measures by the City Council. In June 2024, the prohibition of registering new tourist homes without independent access and supplies was clarified. In January 2025, new tourist homes were banned in 43 neighbourhoods of the city, including the historic centre and areas such as El Palo or La Malagueta.
The third phase, now approved, closes the door to tourist accommodations on residential land. According to data from the City Council, Málaga has more than 12,000 registered tourist homes, which has driven up rental prices and made it difficult for residents to access housing. The measure aims to protect the residential market and ensure that neighbourhoods maintain their residential character.
The next step will be the publication of the agreement in the BOP, expected in the coming days. From there, the restriction will come into immediate effect. Tourist developers will have to seek alternatives on non-residential land or justify an exceptional public interest.
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