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The Directorate General for Legal Certainty and Public Faith has confirmed the suspension of the assignment of a unique short-term rental registration number where prohibitions exist within horizontal property bylaws (Art. 9.2.a of R.D. 1312/2024). The Marbella Registrar suspended an application because the property's bylaws prohibit changing the use of a dwelling to commercial premises or carrying out activities other than residential use. This ruling emphasises that the new registration procedure must verify compliance with civil and urban planning requirements (Art. 2.f of R.D. 1312/2024).
For owners of properties intended for tourist rentals in buildings with old or restrictive horizontal property bylaws, there is a risk of being unable to obtain the unique registration number required to list on online platforms (Art. 2.f R.D. 1312/2024). Without this number, the property is excluded from the short-term rental market. Homeowner associations maintain their ability to control the use of properties through the enforcement of their current bylaws.
The tax team reviews your specific situation.
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