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BOE-A-2026-15537 ·16 July 2026 ·Resolution not-relevant
Administrative

Ban on tourist rentals: appeal against refusal to assign registration number dismissed due to community statutes

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against a registrar's decision to suspend the assignment of a unique registration number for short-term (tourist) rentals. The decision is based on the fact that the building's community statutes prohibit activities that disturb neighbourhood peace or the tranquillity of residents. This resolution aligns with the previous administrative jurisprudence of this Governing Centre.

In 2 key points

  1. Community statutes may prohibit activities that disturb the peace of neighbours (texto fuente)
  2. Possibility of appealing via a claim before the Civil Court within a two-month period (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For property owners in communities with restrictive statutes, this resolution confirms that use prohibitions contained within community statutes prevail over requests for tourist rental registrations. Owners intending to operate tourist rentals in buildings with such clauses face the risk that the Land Registrar will suspend the assignment of the registration number required for the activity.

Lifecycle

2026-07-16PublishedPublished 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. BM Consulting.
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