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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal to assign a short-term rental registration number in Marbella. The registrar had denied the application, claiming that the community statutes prohibited activities other than residential use (Articles 4 and 14 of the Statutes). The appeal challenges this decision, citing breaches of the principles of equality, legitimate expectation, and the doctrine of own acts, given that similar licences had been previously granted.
For owners seeking to operate short-term holiday rentals, this ruling highlights the conflict between community statutes and rental activities. If the Administration has previously granted licences under identical conditions, owners may invoke the doctrine of own acts and the principle of legitimate expectation to prevent arbitrary discrimination (Articles 3 and 4 of the Law on the Legal Regime of the Public Sector).
The tax team reviews your specific situation.
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