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The Directorate General for Legal Certainty and Public Faith has upheld the decision of the Land Registrar of Gandía No. 4 to refuse the assignment of a short-term rental registration number (non-tourist) to a property. The decision is based on community bylaws that prohibit the installation of "services or industries of any kind," an interpretation that encompasses mediation activities on digital platforms (Art. 13 of the bylaws). It is clarified that an administrative authorisation does not validate the civil legality of a rental if the horizontal property bylaws prohibit it.
For property owners in communities with bylaws prohibiting commercial or service uses, short-term rental activity via digital platforms may be blocked at the registry level, regardless of whether they hold administrative licences. For owners' associations, this ratifies their ability to exclude certain activities through a teleological interpretation of their bylaws (Art. 13). The resolution emphasises the independence between the administrative sphere and the civil/registry sphere.
The tax team reviews your specific situation.
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