BOE-A-2026-14954 ·9 July 2026 ·Resolution Low impact
Tax

Property owners: community agreement not required for tourist rentals if statutes do not expressly prohibit it

The Directorate General for Legal Certainty and Public Faith has ruled that the tourist use of a dwelling does not alter its residential nature. Consequently, such use can only be prohibited through an express, clear, and unequivocal statutory clause (Art. 2.b). In this instance, as there was no express prohibition within the community statutes, it is not necessary to obtain the consent of the majority of the community to assign a short-term rental registration number (Art. 2.b). The resolution rejects the registrar's requirement to apply the majorities stipulated in the Horizontal Property Law in the absence of a specific prohibition.

In 2 key points

  1. Tourist use does not alter residential nature and can only be prohibited via an express, clear, and unequivocal statutory clause (art. 2.b)
  2. Community agreement cannot be required if the statutes do not contain an express prohibition of tourist use (art. 2.b)

How it affects those involved

For owners conducting short-term rentals, it becomes easier to obtain a single registration number without undergoing community votes, provided the statutes do not contain a literal prohibition (Art. 2.b). For homeowners' associations, it reinforces the need to draft highly precise statutes if they wish to limit this use, as tacit consent or a lack of opposition is insufficient to prevent the activity (Art. 2.b).

Lifecycle

2026-07-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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