On 24 December, Act 5/2025 of 16 December on Housing in Andalusia was published in the Official Gazette of the Regional Government of Andalusia (BOJA), with the aim of responding to the current needs of the housing market within the territory of Andalusia.
The Register of Real Estate Agents Specialised in the Residential Sector (hereinafter, the Register) is regulated in Chapter III, entitled “Real estate intermediation in the residential market”, of Title IV, under the heading “Measures to ensure the proper use and balance of the residential market”.
Below, we highlight the aspects we consider most relevant in this new regulation, using a question and answer format:
When will the Register enter into force?
Within a maximum period of two years from the entry into force of this Act, the Regional Ministry responsible for housing shall adopt the necessary measures for the creation, regulation and implementation of the Register (Final Provision Seven).
Given that the new Housing Act will enter into force on 24 January 2026, the Register should be operational by 24 January 2028 at the latest.
What is the basic purpose of the Register?
To promote transparency in the residential real estate market sector, encouraging the professionalization of real estate intermediation services in Andalusia and ensuring the protection of consumers through the provision of high-quality real estate services (art. 50.2).
Will registration in the Register be mandatory or optional?
In our view, the literal wording of article 50.3 leaves no room for doubt:
“Registration in the Register shall be a necessary requirement for the exercise of the activity within the Autonomous Community of Andalusia.”
Is the subsequent approval of a Regulation governing the Register in detail required?
Yes. The Housing Act orders its creation by the competent Regional Ministry for housing, to be developed by a future regulation, which will determine its rules of organization and operation.
Do we know how registration will be applied for?
Yes. Its regulation is set out in article 51:
- Application: responsible declaration (affidavit)
- Registration must be renewed periodically, an aspect that will also be determined by regulation.
Do we know what the minimum legal requirements will be to obtain registration?
Yes. Article 52 of the approved Housing Act sets out four requirements:
- In relation to training or qualifications, the following requirements must be met:
- Holding an official qualification as a Real Estate Agent issued by the competent Ministry.
- Holding a university degree in social and legal sciences, engineering or architecture.
- Having experience in the provision of services constituting the activity of a real estate agent for at least the four years immediately preceding the date of submission of the application. Such experience must be evidenced by an employment history report demonstrating dedication to the real estate sector, registration under the self-employed social security regime, or a real estate franchise agreement in force during those four years.
- Being a member of one of the Official Associations of Real Estate Agents.
In the case of legal entities, the requirements must be met by at least one of the directors or, where applicable, a member of the company’s board of directors, as well as by the person responsible for the establishment open to the public.
We consider that, in order to meet this first criterion of qualification or training, it would be sufficient for any one of the four conditions described above to apply.
- In relation to specialization:
Likewise, specialization in intermediation, advisory and management activities in the residential real estate market and in protected housing must also be held by the operator and by 50% of their employees, through the accreditation of official training of at least 100 teaching hours in these matters, obtained no more than four years immediately prior to the date of submission of the responsible declaration.
- A financial guarantee must be provided or a professional civil liability insurance policy taken out, in accordance with the law, the conditions of which will be developed by regulation.
- Natural and legal persons must not have criminal records related to real estate intermediation in the exercise of their professional activity.
Conclusions:
As we have seen, the spirit of the regulation is to promote the professionalization and transparency of real estate intermediation activities, as well as the protection of consumers, which can only be positively assessed for the residential real estate sector.
Although the detailed regulation of the organization and operation of the Register, as well as its actual creation, has been deferred, this does not prevent the Housing Act from regulating and anticipating relevant aspects such as the mandatory nature of registration, the minimum requirements to obtain it, and the manner in which registration is to be applied for.arket”.
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