BOE-A-2026-15099 ·10 July 2026 ·Resolution Low impact
Tax

Homeowners' associations: short-term rentals can be prohibited if bylaws forbid them

The Directorate General for Legal Certainty and Public Faith has confirmed that statutory prohibitions on hospitality activities also apply to non-tourist short-term rentals (RDGSJFP of 09/05/2025). In this specific case, the Barcelona Registrar denied the assignment of a short-term rental registration number because the property's bylaws do not permit such activity (Book V, art. 553-11-3). The resolution ratifies that the concept of hospitality and its statutory restrictions encompass these types of lease agreements.

In 2 key points

  1. Statutory restrictions on hospitality also apply to tourist accommodation and non-tourist short-term rentals (RDGSJFP of 09/05/2025). (RDGSJFP de fecha 9.5.2025)
  2. The lack of authorisation from the homeowners' association prevents the assignment of a registration number if the bylaws prohibit it (Book V, art. 553-11-3). (art. 553-11-3 del Libro V)

How it affects those involved

For rental management companies (such as Ukio Spain, SL), the existence of statutory clauses limiting the use of a property to a 'home or permanent residence' prevents the obtaining of registration numbers for short-term rentals (RDGSJFP of 09/05/2025). For homeowners' associations, this consolidates their ability to control property use through the registration of bylaws that restrict hospitality activities, affecting even those uses that are not strictly tourist-oriented.

Lifecycle

2026-07-10PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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