The new regulation of estate agents in the Andalusian Housing Act 2025: professionalisation, control and consumer protection

Law 5/2025, of 16 December, on Housing in Andalusia, incorporates one of the most significant reforms in recent years in the residential real estate sector: the comprehensive regulation of real estate agents, an activity that until now had been poorly regulated from an administrative point of view.

Article 48 of the law establishes an enhanced duty to provide information, imposing on all agents providing real estate services the obligation to comply simultaneously with state regulations, consumer and user legislation and the regional law itself. This provision strengthens the position of consumers in transactions of special economic and personal significance, such as the sale or rental of housing.

Articles 49 and 50 define the role of the specialised real estate agent in the residential sector in Andalusia and create the Register of Specialised Real Estate Agents, which is public, administrative, free and compulsory, attached to the regional ministry responsible for housing. Registration in this register is an essential requirement for practising this activity in Andalusia, with the stated aim of guaranteeing professionalism, transparency and legal certainty in the real estate market.

Registration is carried out by means of a sworn statement prior to the start of the activity (Article 51), in which the professional must substantiate their qualifications, solvency, the existence of insurance or financial guarantees, and membership to one of the official associations of real estate agents. The law emphasises that the Administration may verify compliance with these requirements at any time, as well as require their periodic renewal.

Of particular relevance are the training and qualification requirements regulated in Article 52. The regulation requires official API certification, an associated university degree, a minimum of four years’ experience or professional membership, together with a minimum of 100 hours of specialised training in residential real estate brokerage and social housing, which must apply to the licence holder and at least 50% of the staff. In the case of legal entities, these requirements must be met, at least, by one director or executive director as well as the person responsible for the establishment open to the public.

Finally, Article 53 imposes the obligation to have professional liability insurance or financial guarantees to cover the amounts received from clients and any damages arising from the activity. The law also requires that the client be expressly informed of the insurance policy or guarantee number and the insurance or financial institution, and that this information be included in the order form or contract.

Overall, this new regulation represents a structural change in the Andalusian residential property market, aimed at eliminating professional intrusion, strengthening consumer confidence and providing the sector with higher standards of quality and responsibility, pending the development of regulations that will specify key aspects such as the minimum amounts of the guarantees required.