BOE-A-2026-14956 ·9 July 2026 ·Resolution Low impact
Tax

Tourist properties: refusal of registration due to lack of Homeowners' Association authorisation suspended if prior declaration is proven

The Directorate General for Legal Certainty and Public Faith has overturned a registrar's negative decision which required Homeowners' Association authorisation (3/5 majority) to register a property for short-term rentals (Art. 7.3 LPH). The ruling acknowledges that if the submission of a responsible declaration to the tourism authority prior to the entry into force of Law 1/2025 (3 April 2025) is proven, such express authorisation is not required (Art. 7.3 LPH and Additional Provision 2).

In 2 key points

  1. Requirement of Homeowners' Association authorisation (3/5 majority) for new tourist uses, Art. 7.3 LPH (art. 7.3 LPH)
  2. Exemption from authorisation if a responsible declaration prior to 3 April 2025 is proven, Additional Provision 2 of Law 1/2025 (DA 2.ª de la LO 1/2025)

How it affects those involved

For owners and tourism management companies, this ruling sets a precedent regarding the protection of acquired rights: if the tourist activity was already being processed (via a responsible declaration) before 3 April 2025, they cannot be required to obtain the new Homeowners' Association authorisation mandated by Law 1/2025. This prevents the loss of licences or the inability to register properties due to regulatory changes affecting activities already in progress.

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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