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The Directorate General for Legal Certainty and Public Faith has suspended a registrar's negative decision to deny the registration of a property as a tourist apartment due to a lack of authorisation from the Homeowners' Association. The ruling examines whether the new requirement under Law 1/2025 (Art. 7.3 LPH), which requires a 3/5 majority vote from the community, applies to those who already held licences or responsible declarations prior to its entry into force on 3 April 2025 (DA 2.ª LO 1/2025).
For owners of tourist rental properties, the ruling protects the right to land registry entry if it is demonstrated that the activity or the responsible declaration to the regional authority commenced before 3 April 2025 (DA 2.ª LO 1/2025). This prevents the new requirement for Homeowners' Association authorisation (3/5 majority) from being applied retroactively to activities already legalised under previous regulations (Art. 7.3 LPH).
The tax team reviews your specific situation.
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