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The Directorate General for Legal Certainty and Public Faith has ruled that changing the urban planning use of a commercial premises to tourist accommodation does not require approval by a qualified majority of the Owners' Meeting (Art. 17.12 LPH). The resolution clarifies that the land registry entry of the change of use is a separate procedure from the authorisation of the tourist activity or community authorisation. It establishes that Article 17.12 of the Horizontal Property Act regulates the limitation of activity, but not the change of use or its registry regularisation.
For owners converting commercial premises into tourist accommodation, it is confirmed that a 3/5 majority agreement from the community of owners is not required to register such a change in the Land Registry. This prevents registry blockages based on a misinterpretation of Article 17.12 of the LPH. Communities of owners cannot prevent the registry regularisation of a property's urban planning use by demanding this specific agreement.
The tax team reviews your specific situation.
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