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The Directorate General for Legal Certainty and Public Faith has ruled that the tourist use of a property remains within the permitted residential use, unless the community's bylaws expressly or specifically prohibit it. In this instance, a registrar's refusal to assign a short-term rental registration number—based on a generic prohibition of commercial activities—was overturned (Legal Grounds). The resolution aligns with Supreme Court jurisprudence, which requires a restrictive interpretation of limitations on holiday rentals (Judgment No. 264/2025).
For holiday rental management companies and owners, this resolution strengthens legal certainty by preventing homeowners' associations from using generic 'commercial activity' clauses to block short-term rentals. Associations lose the ability to prohibit this use if their bylaws do not contain a specific and clear mention of tourist or holiday use. Tourist use is not considered a commercial activity per se, as it maintains its residential nature (Legal Grounds).
The tax team reviews your specific situation.
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