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The Directorate General for Legal Certainty and Public Faith has overturned a registrar's negative ruling that had denied a short-term holiday rental registration number based on a prohibition of 'time sharing' or 'holiday clubs' within the community bylaws (Facts II.1). The resolution establishes that use by turns is not comparable to short-term leasing (Legal Grounds 5). It determines that restrictions in bylaws must be clear, precise, and definitive, rejecting the application of generic clauses to holiday rentals by analogy (Legal Grounds 4).
For owners and holiday rental management companies, the resolution confirms that a ban on 'time sharing' activities in community bylaws is insufficient to legally prevent short-term holiday rentals (Legal Grounds 5). Registrars may not extend prohibitions on similar activities by analogy if there is no literal and express prohibition of leasing (Legal Grounds 4). This provides legal certainty for obtaining holiday rental registration numbers against restrictive interpretations of horizontal property bylaws.
The tax team reviews your specific situation.
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