The Directorate General for Legal Certainty and Public Faith has confirmed that prohibitions within the statutes of a community of owners can prevent the issuance of a tourist rental registration number. In this specific case, the registrar suspended the entry because the statutes prohibit the establishment of businesses or associations that disturb good neighbourliness or the peace of residents. The ruling emphasises that obtaining authorisation from the Autonomous Community is insufficient if the horizontal property statutes contain such limitations.
For homeowners wishing to use their properties for tourist rentals in buildings under a community of owners regime, compliance with regional regulations (Decree 28/2016 and Decree 31/2024) does not guarantee the legality of the activity if the community statutes prohibit it. The primary risk is the inability to obtain a unique short-term rental registration number, which blocks the commercial exploitation of the property. For communities of owners, this reinforces the effectiveness of their statutes in limiting uses that affect coexistence.
The administrative team reviews your specific situation.