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The Directorate General for Legal Certainty and Public Faith examines whether a prohibition on commercial activities within a homeowners' association's statutes prevents the assignment of a short-term rental registration number. The Registrar of Vera denied the application on the grounds that the property's statutes expressly prohibit professional, commercial, or industrial activities. The ruling addresses the tension between the classification of economic activity and the use restrictions established under horizontal property laws.
For homeowners wishing to operate holiday rentals, the presence of clauses prohibiting commercial activities in the community statutes poses a risk of being denied the necessary registration number for the activity (Facts II). The Registrar has the authority to assess the legality of documents and the compatibility of the activity with the horizontal property regime (Art. 18 of the Mortgage Law).
The tax team reviews your specific situation.
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