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BOE-A-2026-14953 ·9 July 2026 ·Resolution Low impact
Tax

Owners in community property regimes: majority consent required to convert homes for whole-building tourist rentals

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against the suspension of a single tourist rental registration number for an entire building. It has been confirmed that, if the bylaws prohibit it, changing the use of homes for short-term rental purposes requires the consent of the majority of the community, in accordance with Article 17 of the Horizontal Property Act (Art. 17 LPH).

In 2 key points

  1. Changing the use of homes to tourist rental purposes requires majority consent (Art. 17 LPH). (art. 17)
  2. A two-month period applies to appeal via a claim before the Civil Court (Arts. 325 and 328 of the Mortgage Law). (arts. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For owners of homes within community property regimes, the resolution ratifies the prevalence of bylaws and the necessity of reaching a community majority for whole-building tourist rental activities (Art. 17 LPH). Individuals intending to carry out this activity without majority consent will be unable to obtain the necessary registration. Interested parties have two months to appeal judicially (Arts. 325 and 328 of the Mortgage Law).

Lifecycle

2026-07-09PublishedPublished 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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