Skip to content
BOE-A-2026-3184 ·11 February 2026 ·Resolution Low impact
Administrative

Owners of tourist rental properties: community statutes may prohibit short-term lets

The Directorate General for Legal Certainty and Public Faith has confirmed that the term 'innkeeping' (hospedería) within community statutes may encompass short-term tourist rentals (Resolution of 17 October 2025). Consequently, if the statutes restrict property use to 'residential purposes' and prohibit 'innkeeping', the activity requires authorisation from the General Meeting by majority vote. This interpretation is based on Royal Decree 1312/2024, which includes lodging activities, even those carried out on a non-professional basis, within its scope (Art. 2.1).

In 2 key points

  1. The concept of lodging includes short-term rental activities, even if they are not professional (Art. 2.1) (art. 2.1)
  2. General Meeting authorisation by majority vote is required if the statutes prohibit innkeeping (Art. 5) (art. 5.ª)

How it affects those involved

For owners conducting tourist rentals, the activity is subject to the community's will if the statutes contain generic prohibitions on non-residential uses (Art. 5 of the cited statutes). For homeowners' associations, this reinforces their ability to control property use, allowing them to require certification from the community manager to prove General Meeting authorisation before a unique short-term rental registration number is assigned.

Lifecycle

2026-02-11PublishedPublished 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