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The Directorate General for Legal Certainty and Public Faith has confirmed the suspension of the assignment of a non-tourist rental registration number for a property in Málaga. The property is classified as social housing (Group II Protected Housing) under the Royal Decree-Law of 30 July 1976. The Land Registrar denied the entry, ruling that the nature of the housing prevents it from being used for purposes other than those specified in its original classification.
For owners of social housing (VPO), this resolution reinforces the impossibility of using these properties for rental activities (whether tourist or seasonal) that contravene their protection regime. The Registrar maintains their power of qualification to prevent the registration of rental codes when the title presents legal defects regarding the intended use of the dwelling (Art. 18 of the Mortgage Law).
The tax team reviews your specific situation.
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