Gelves approves the urban planning criteria for tourist rental homes

The Gelves City Council has unanimously approved the urban planning criteria established by the Municipal Architect for the implementation of tourist rental homes (VUT) and the change of use from residential or other uses to tourist rental homes. The agreement, adopted in the Plenary Session of March 27, 2025, is published in the Official Gazette of the Province of Seville number 175, dated September 9, 2026, with the official reference BOP-SE-2026-175012.

The decision responds to the need to clarify the urban planning requirements for two scenarios: implementing the VUT modality in existing homes or in properties intended for other uses (with the consequent change of use), and doing so within the building permit procedures. The technical report, dated February 7, 2025, was signed by the acting mayor, Pablo Cordero Herrera.

Regulatory Framework

The report harmonizes regional sectoral regulations with urban planning legislation. It is based on Decree 28/2016, of February 2, regarding homes for tourist purposes, modified by Decree 31/2024, of January 29, and is reconciled with Law 7/2021, of December 1, for the promotion of territorial sustainability in Andalusia (LISTA), its Regulation (RGLISTA), and the General Urban Development Plan of Gelves (PGOU) with its Partial Adaptation to the LOUA.

The PGOU includes the use of lodging within the tertiary sector, but does not define the VUT as a subtype of tourist accommodation establishments. Therefore, compatibility conditions are referred to the sectoral regulations, which classify VUTs into two groups:

• Full: the home is leased in its entirety.
• By rooms: the home is not leased in its entirety, and the natural person who is the holder, owner, or usufructuary, registered as a resident of the home, must reside therein.

Zones and Implementation Conditions

According to plan AP2 of the AP-LOUA, the full modality VUT can be implemented in residential zones SUC Z1, Z2, Z3, Z4, and Z7, as well as in residential sectors and execution units SUO1, SUO2, SUO4, SUO5, SUNCUE1, and SUNCUE2, provided that the detailed use ordinances allow both residential and lodging uses. In the “by rooms” modality, as it is considered a detailed residential use, no change of use is required.

The agreement establishes specific conditions by zone:

• In Casco Histórico (Historic Center) and Residencial Suburbana (Suburban Residential), lodging is permitted as a compatible use, with independent access, evacuation, and facilities (generally on the ground floor).
• In Residencial Plurifamiliar, Unifamiliar y Agrupación Unifamiliar (Multi-family, Single-family, and Single-family Groupings Residential), lodging is only permitted in buildings for exclusive use; in horizontal property regimes, a change to full VUT (Tourist Housing) is not possible, only the room-by-room modality if not prohibited by the bylaws.
• In Centros y Servicios Terciarios (Tertiary Centers and Services) and in the industrial zones PI Guadalquivir and CITEC, VUT is not permitted in any modality.

Procedure and requirements

The report details the procedure to be followed in accordance with the RGLISTA: the implementation of VUT requires a license; the change of use from housing to full VUT requires a responsible declaration with a project; and the change from housing declared as AFO or from another tertiary use requires a license. It is noted that VUTs are not subject to environmental prevention instruments, and that protected housing or those whose community bylaws prohibit tourist accommodation are excluded.

The agreement was approved unanimously by the 15 attending councilors out of the 17 entitled to vote, with favorable votes from the Grupo Municipal Socialista (8), Popular (4), Con Andalucía Izquierda Unida-Podemos con Gelves (2), and Contigo Somos Democracia (1). The criteria come into effect upon publication and are incorporated as an annex to the PGOU, providing legal certainty to owners, homeowners’ associations, and the local tourism sector.

Source: Official Gazette of the Province of Seville, no. 175, September 9, 2026, page 55 (official reference: BOP-SE-2026-175012).