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BOE-A-2026-14959 ·9 July 2026 ·Resolution Low impact
Tax

Co-owners of undivided property must obtain consent from all parties to register tourist rentals

The Directorate General for Legal Certainty and Public Faith has confirmed that all registered owners must provide consent to obtain a short-term rental registration number for properties held under joint ownership (pro indiviso) (Art. 397 Civil Code). The resolution suspends the requested registration because the consent of the other co-owners was not proven via notarised or electronic signature. The argument that a court ruling granting exclusive use replaces such consent is insufficient for the Land Registry (Art. 18 Land Registry Law).

In 2 key points

  1. Requirement for co-owner consent via notarised signature for properties held in joint ownership, Art. 397 Civil Code (art. 397 del Código Civil)
  2. 7-working-day rectification period following negative notification to prevent registration suspension (nota de calificación de la Registradora)

How it affects those involved

For owners of co-owned properties (pro indiviso), managing tourist rental licences is blocked unless the notarised signature of all co-owners is obtained (Art. 397 Civil Code). Failure to meet this consent requirement results in the suspension of the requested registration number following a 7-working-day rectification period (as per the Registrar's qualification note).

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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