The Directorate General for Legal Certainty and Public Faith confirms that express approval from the community of owners is required to carry out short-term tourist rental activities, provided the responsible declaration is made after 3 April 2025 (Art. 7.3 of Law 49/1960). The case examines the suspension of the assignment of a single registration number due to the failure to prove such authorisation via a certificate from the administrator. It is established that horizontal property regulations require this prerequisite for the valid exercise of tourist activities in residential properties.
For owners operating holiday rentals, licences or responsible declarations obtained after 3 April 2025 mandatorily require the prior consent of the community of owners (Art. 7.3 of Law 49/1960). Failure to comply with this requirement prevents the assignment of the single short-term rental registration number in the Land Registry. In cases of sole ownership (without multiple owners), the appellant argued the impossibility of compliance, but the regulation requires formal proof of authorisation for the activity.
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