On 16 December 2025, the Parliament of Andalusia approved Act 5/2025 on Housing, which was subsequently published in the Official Gazette of the Regional Government of Andalusia (BOJA) on 24 December. The new legislation seeks to adapt the regulatory framework to the current realities of the Andalusian housing market, introducing measures aimed at improving transparency, professional standards, and consumer protection.
Among the most significant novelties introduced by the Act is the creation of the Register of Real Estate Agents Specialised in the Residential Sector. This Register forms part of the regulatory measures governing residential real estate intermediation and is intended to serve as a key instrument for supervising professional activity in this field.
Implementation timeline
The Act establishes a transitional period for the effective implementation of the Register. The Regional Ministry with responsibility for housing is granted a maximum period of two years from the Act’s entry into force to adopt the measures necessary for its creation and operation. As the Housing Act will enter into force on 24 January 2026, the Register must be fully operational by 24 January 2028.
Objectives of the Register
The primary function of the Register is to introduce greater transparency into the residential real estate market in Andalusia. By requiring professionals to meet minimum standards of training, experience, and solvency, the legislation aims to promote the professionalization of real estate intermediation services while strengthening consumer safeguards through higher-quality service provision.
Mandatory nature of registration
The Act makes registration a compulsory condition for carrying out real estate intermediation activities within the Autonomous Community of Andalusia. Consequently, any individual or entity wishing to operate legally in this sector must be entered in the Register.
Regulatory development
Although the Act provides for the establishment of the Register, its practical functioning will be defined in a subsequent regulatory instrument. This future regulation will specify the organizational structure of the Register, the operational rules applicable to it, and the conditions for the renewal of registrations.
Registration procedure
Registration will be requested through the submission of a responsible declaration. This declaration-based system will be complemented by a periodic renewal obligation, the details of which will be set out in the forthcoming regulation.
Access requirements
To be eligible for registration, applicants must comply with a series of minimum legal requirements.
First, they must demonstrate adequate professional training or qualifications. This condition may be fulfilled by meeting at least one of the following criteria: holding an official Real Estate Agent qualification issued by the competent authority; holding a university degree in social and legal sciences, engineering, or architecture; having at least four years of demonstrable professional experience in real estate intermediation immediately prior to the application; or being a member of an Official Association of Real Estate Agents. Where the applicant is a legal entity, these requirements must be met by at least one director or board member, as well as by the person responsible for the establishment open to the public.
In addition to general qualifications, the Act requires specific specialization in residential real estate intermediation, advisory, and management activities, including protected housing. This specialization must be demonstrated by the operator and by at least 50% of their workforce through accredited official training of no less than 100 teaching hours completed within the four years preceding the application.
Applicants must also provide a financial guarantee or hold a professional civil liability insurance policy, under conditions that will be further defined by regulation.
Finally, both natural and legal persons must have no criminal record relating to real estate intermediation activities carried out in the course of their professional practice.
Final remarks
Although the detailed regulatory framework governing the Register has yet to be approved, the Housing Act already lays down its essential features. The mandatory nature of registration, the core eligibility requirements, and the registration mechanism are clearly defined, reflecting a legislative commitment to raising professional standards and ensuring greater transparency in the residential real estate market in Andalusia.