BOE-A-2026-11154 ·23 May 2026 ·Resolution Low impact
Tax

Horizontal Property: prohibition of tourist use in bylaws does not prevent non-tourist short-term rentals

The Directorate General for Legal Certainty and Public Faith has resolved an appeal against a registrar's refusal to assign a short-term rental registration number to a property. The dispute concerns whether community bylaws prohibiting economic or tourist activities prevent seasonal or short-term rentals (non-tourist). The resolution analyses the distinction between tourist accommodation activities and other short-term leases that do not fall under the legal definition of tourist use (Art. 50 bis of Law 13/2002 on Catalonia Tourism).

In 1 key point

  1. The prohibition of tourist activity in bylaws does not prevent seasonal rentals if they do not qualify as 'tourist accommodation' (art. 50 bis Ley 13/2002)

How it affects those involved

For homeowners in communities with restrictive bylaws, the resolution suggests that a prohibition on 'tourist use' does not automatically preclude short-term or seasonal rentals, provided they are not classified as tourist accommodation under regional regulations. For homeowners' associations, this implies that limitations on use and domain must be express and cannot be interpreted extensively to prohibit activities not specifically detailed in the bylaws.

Lifecycle

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

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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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