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BOE-A-2026-17354 ·8 August 2026 ·Resolution not-relevant
Administrative

Co-ownership: statutory restrictions on tourist rentals prevent registration number assignment

The Directorate General for Legal Certainty and Public Faith has confirmed the suspension of a short-term rental registration number due to statutory limitations within a homeowners' association. The building's statutes prohibit activities that cause public influxes exceeding normal levels and impose conditions on tourist rental activities, a decision approved by the General Meeting (Art. 45 of the statutes). This limitation constitutes a resolutory obstacle under R.D. 1312/2024 (Art. 9.2.a).

In 3 key points

  1. Statutes may prohibit activities that cause public influxes exceeding normal levels (art. 10 de los estatutos)
  2. The General Meeting may limit tourist rental activity and increase ordinary fees by 20% (art. 45 de los estatutos)
  3. The existence of statutory limitations prevents the assignment of a registration number (art. 9.2.a del R.D. 1312/2024)

How it affects those involved

For property owners in communities with restrictive statutes, the assignment of a short-term rental registration number is blocked if there are prohibitions or use limitations approved by the General Meeting (Art. 45 of the statutes). Failure to comply with these statutory limitations prevents official accommodation registration. Homeowners' associations retain the power to condition or limit tourist activity through General Meeting resolutions (Art. 17.1 of the Horizontal Property Act).

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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