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The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against the refusal to assign a registration number for tourist rentals. The decision is based on the fact that the horizontal property statutes expressly prohibit uses other than residential, specifically including timesharing. This defect can only be rectified by registering a statutory amendment that repeals said prohibition.
For homeowners in communities with statutes limiting use to residential purposes, short-term tourist rentals remain prohibited, preventing the acquisition of the required registration number. For the homeowners' association, the protection against the influx of strangers and constant footfall is maintained. The affected owner may only carry out this activity if they successfully amend the community statutes.
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