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BOE-A-2026-11150 ·23 May 2026 ·Resolution Low impact
Tax

Owners of homes with pre-2016 tourist licenses: potential inapplicability of community statutory prohibitions

The Directorate General for Legal Certainty and Public Faith is reviewing an appeal against a Land Registry's refusal to assign a tourist rental registration number. The dispute arises because the community statutes, amended in 2016, require majority authorisation for tourist activities, yet the activity had held a municipal licence since 2013. The case examines whether subsequent statutory amendments can affect activity licences that existed prior to the change in statutes.

In 2 key points

  1. The tourist activity held a municipal licence issued on 10.04.2013 (Hechos I)
  2. The statutes prohibiting the activity were amended on 28 April 2016 (Hechos I)

How it affects those involved

For owners of properties already operating as tourist rentals with licences predating their community's statutory amendments, there is a possibility of challenging restrictions imposed by the horizontal property regime (Art. 9.2.5º RD 1312/2024). For homeowners' associations, the ruling calls into question the effectiveness of statutory prohibitions regarding activities that were already legally established before the statutory reform.

Lifecycle

2026-05-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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