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BOE-A-2026-15545 ·16 July 2026 ·Resolution not-relevant
Administrative

Ban on tourist rentals: Directorate General dismisses appeal against refusal of registration 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 short-term (tourist) rental registration number. The decision is based on the fact that the property's community statutes prohibit activities that disturb good neighbourliness or the peace of residents.

In 2 key points

  1. Property statutes may prohibit activities that disturb good neighbourliness or the peace of residents. (art. 13.º de los Estatutos)
  2. Possibility of appealing via a claim before the Civil Court within two months of notification (Articles 325 and 328 of the Mortgage Law). (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For property owners in communities with restrictive statutes, this ruling confirms that use prohibitions contained in community statutes prevail over applications for tourist rental registrations. Owners wishing to operate tourist rentals in buildings with such clauses face the risk that the Land Registry will suspend the assignment of rental registration numbers.

Lifecycle

2026-07-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

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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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