The Directorate General for Legal Certainty and Public Faith has ruled that a statutory prohibition against using flats for purposes other than residential use does not allow for the prevention of non-tourist seasonal rentals (Arts. 2 and 3 LAU). It is established that clauses limiting the use of private elements must be interpreted strictly rather than extensively. Furthermore, any new restriction on the use of private property requires the unanimity of owners and registration, pursuant to Art. 17.6 of the Horizontal Property Act.
For owners conducting non-tourist seasonal rentals, the validity of their activity is recognised against restrictive interpretations by homeowners' associations that attempt to equate temporary use with a use other than residential. For homeowners' associations, their ability to prohibit temporary residential uses is limited unless there is a unanimous and registered agreement expressly specifying such a restriction (Art. 17.6 LPH). Registrars may not make substantive assessments regarding the concept of 'housing' to deny classifications (Art. 18 LH).
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