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The Directorate General for Legal Certainty and Public Faith has overturned a registrar's refusal to assign a tourist rental registration number. The ruling establishes that prohibitions within horizontal property bylaws must be clear, precise, and definitive to ban tourist use. It is invalid to use generic clauses regarding 'time-sharing', 'holiday clubs', or 'similar' activities by analogy to prevent short-term lets.
For homeowners and tourist rental management companies, the ruling reinforces their right to exploit properties through short-term lets, preventing homeowners' associations from using ambiguous or analogous prohibitions in their bylaws. For homeowners' associations, it establishes that any restriction on tourist use must be explicitly and specifically stated in the bylaws; mentions of 'nuisance' or 'similar' activities are insufficient.
The tax team reviews your specific situation.
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