Skip to content
BOE-A-2026-17477 ·10 August 2026 ·Resolution not-relevant
Administrative

Tourist rental registration number denied due to community statutes prohibition

The Directorate General for Legal Certainty and Public Faith has dismissed the appeal against the negative assessment by the Marbella Registrar No. 3, upholding the suspension of the short-term rental registration number for a property (Resolution of 14 May 2026). The decision is based on the fact that the property's statutes expressly prohibit business activities within the dwellings, except for one specific exception, and require the unanimous consent of all co-owners for any other commercial activity (Article 18 of the aforementioned statutes).

In 2 key points

  1. Unanimous consent of all co-owners is required for commercial activities not mentioned in the statutes (artículo 18 de los estatutos)
  2. Two-month deadline to appeal by filing a claim before the Civil Court (arts. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For the applicant (Unique Rentals Costa del Sol, S.L.), the resolution confirms that it is impossible to register the property for tourist use without first amending the community statutes or achieving the unanimity of the co-owners. For the property owners, the validity of the prohibition on business activities contained in the statutes registered in 2000 is ratified. Interested parties have two months to file a claim before the Civil Court (Articles 325 and 328 of the Mortgage Law).

Lifecycle

2026-08-10PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The administrative team reviews your specific situation.

Talk to the administrative team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact