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BOE-A-2026-14974 ·9 July 2026 ·Resolution Low impact
Tax

Ban on short-term rentals: community statutes prevail over registration number assignment

The Directorate General for Legal Certainty and Public Faith confirms that prohibitions on tourist use or temporary accommodation contained in a community of owners' statutes prevent the assignment of a short-term rental registration number (RACD), even if the rental is not for tourist purposes (Facts and legal grounds, First). The resolution ratifies the registrar's negative assessment based on the statutory limitations of the property (Facts and legal grounds, First).

In 2 key points

  1. Statutes prohibiting tourist use or temporary accommodation extend to non-tourist short-term rentals (Facts and legal grounds, First). (Hechos y fundamentos de Derecho, Primero)
  2. The single registration number is a procedure to comply with Regulation (EU) 2024/1028 (Facts and legal grounds, 3). (Hechos y fundamentos de Derecho, 3)

How it affects those involved

For owners wishing to exploit properties through short-term rentals (non-tourist), the existence of statutory clauses prohibiting temporary accommodation or shift-based use blocks the obtaining of the mandatory registration number (Facts and legal grounds, First). This poses a risk of nullity or impossibility of registration for hosts operating in communities with restrictive statutes, affecting the legality of their leasing activity (Facts and legal grounds, First).

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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