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The Directorate General for Legal Certainty and Public Faith has overturned a registrar's refusal to issue a registration number for a tourist rental. The ruling establishes that leasing a home for tourist purposes does not automatically constitute a lodging establishment or a guest house (STS 1671/2023). For a homeowners' association to prevent this activity, the prohibition must be explicitly recorded in its bylaws (STS 264/2025).
For homeowners conducting short-term rentals, their right to carry out this activity is reinforced provided that the association's bylaws do not specifically prohibit tourist use (STS 264/2025). For homeowners' associations, restricting the activity cannot be based on generic interpretations of 'nuisance purposes'; instead, it requires an express and detailed statutory prohibition. Tourist use is not equated to a lodging activity unless there are complementary services or a functional transformation of the property (Resolution of 9 May 2025).
The tax team reviews your specific situation.
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