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The Directorate General for Legal Certainty and Public Faith is reviewing an appeal against the refusal to issue a short-term tourist rental registration number. The registrar suspended the assignment, arguing that the horizontal property statutes limit use to "dwellings or offices," which would be incompatible with the concept of a home or permanent residence (Facts I). The appellant argues that tourist use is not expressly prohibited and that they hold a regional licence (Facts II).
For tourist accommodation management companies (such as Benavente Nailim, S.L.), the ruling highlights the risk that community statutes, by defining property use solely as "dwelling or office," may block the acquisition of a short-term rental registration code (Facts I). This creates legal uncertainty regarding whether tourist use is considered an activity compatible with the concept of permanent residence or if it requires an amendment to the statutes.
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