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BOE-A-2026-16137 ·24 July 2026 ·Resolution not-relevant
Administrative

Ban on short-term rentals: application dismissed due to prohibition in community statutes

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against the suspension of the issuance of a short-term rental registration number (non-tourist) for a property in Marbella. The decision is based on the fact that the horizontal property statutes, registered in 1980, prohibit uses other than those specified by urban planning regulations or activities that affect the harmony of the community (Art. Eleven, d and e). The resolution aligns with the previous administrative jurisprudence of this Directorate regarding the prevalence of community statutes in such cases.

In 2 key points

  1. Community statutes may prohibit uses other than those specified by urban planning regulations or activities that affect the harmony of the community (Art. Eleven, d and e). (art. Once, d y e)
  2. A two-month period applies to file a claim before the Civil Court from the date of notification (Art. 325 and 328 of the Mortgage Law). (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For owners or companies (such as Mantenimientos Tardos, SL) seeking to exploit properties through short-term rentals within homeowners' associations, the resolution confirms that horizontal property statutes can legally prevent this activity if so established (Art. Eleven). The risk for the operator is the inability to obtain the registration number required for the activity. Interested parties have two months to file a judicial appeal before the Civil Court (Art. 325 and 328 of the Mortgage Law).

Lifecycle

2026-07-24PublishedPublished 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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