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The Directorate General for Legal Certainty and Public Faith has dismissed an appeal seeking a short-term tourist rental registration number for a property in Marbella. The ruling confirms that if the community statutes mandate that apartments be used exclusively for residential purposes, the assignment of such a registration number is prohibited. To permit tourist use, the owner must rectify this issue by registering a statutory amendment that repeals the restriction.
This ruling reinforces the primacy of community statutes over individual property use rights, meaning owners cannot bypass residential-only bylaws for tourist rentals without formal legal amendments to the community's governing documents.
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