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BOE-A-2026-17344 ·8 August 2026 ·Resolution not-relevant
Administrative

Homeowners' associations: bylaws prohibiting tourist rentals prevail over single registration requests

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against the suspension of the assignment of a single tourist rental registration number (CRU) for a property. The decision is based on the fact that the property's bylaws prohibit activities other than residential use that cause inconvenience to co-owners (Art. 5 of the Bylaws). The ruling ratifies the primacy of statutory will over applications for tourist activity registration.

In 2 key points

  1. Bylaws may prohibit activities other than residential use that cause inconvenience to co-owners, Art. 5 (art. 5.º)
  2. Two-month period to appeal via a claim before the Civil Court, Arts. 325 and 328 of the Mortgage Law (arts. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For owners wishing to exploit properties for tourist purposes, the existence of prohibitions in the homeowners' association bylaws prevents obtaining a single registration number for short-term rentals (Art. 5 of the Bylaws). For homeowners' associations, the effectiveness of their bylaws in limiting the tourist use of properties is confirmed. Interested parties have two months to appeal via a claim before the Civil Court (Arts. 325 and 328 of the Mortgage Law).

Lifecycle

2026-08-08PublishedPublished 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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