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BOE-A-2026-296 ·5 January 2026 ·Resolution Low impact
Tax

Tourist rentals: community authorisation required if licence was obtained after 3 April 2025

The Directorate General for Legal Certainty and Public Faith has confirmed that the assignment of a unique registration number for short-term tourist rentals is subject to the express authorisation of the community of owners if the tourist use licence was obtained after 3 April 2025. This ruling is based on the application of Royal Decree 1312/2024 and the Horizontal Property Act, following a negative assessment by a registrar who required such accreditation to proceed with the registration.

In 2 key points

  1. Requirement for community of owners' authorisation for licences obtained after 3 April 2025 (Resolución de 22 de septiembre de 2025)
  2. Royal Decree 1312/2024 took effect on 1 July 2025 for technological adaptations (Real Decreto 1312/2024)

How it affects those involved

For owners of properties intended for tourist rentals, obtaining an administrative licence is not sufficient on its own to obtain a unique registration number if the licence is dated after 3 April 2025; they must also prove the consent of the community of owners. Land Registrars have the power to suspend the assignment of said number if this requirement of extrinsic legality is not met (Art. 18 of the Mortgage Law).

Lifecycle

2026-01-05PublishedPublished 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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