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BOE-A-2026-15091 ·10 July 2026 ·Resolution Low impact
Tax

Ban on tourist rentals: refusal of registration upheld due to prohibition in community statutes

The Directorate General for Legal Certainty and Public Faith has upheld the negative assessment of the Land Registrar of Málaga No. 13, who suspended the assignment of a registration number for short-term tourist rentals. The decision is based on a statutory prohibition recorded in the community statutes and the fact that the property is subject to a public protection regime, which prevents its use for tourism.

In 2 key points

  1. Impossibility of tourist use in properties subject to a public protection regime (Hechos I)
  2. Prevalence of the registered community statutory prohibition in preventing tourist rentals (Hechos I)

How it affects those involved

For owners of properties under a community ownership regime, the existence of a prohibition recorded in the statutes legally prevents obtaining a registration number for tourist rentals. Furthermore, properties subject to public protection regimes are excluded from this activity due to incompatible use. The ruling reinforces the prevalence of community statutes over administrative authorisation for tourist purposes.

Lifecycle

2026-07-10PublishedPublished 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. BMC.
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