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BOE-A-2026-3776 ·18 February 2026 ·Resolution Low impact
Tax

Tourist rental ban: homeowners' associations can prevent the assignment of a registration number

The Directorate General for Legal Certainty and Public Faith has analysed the refusal of a short-term rental registration number due to a prohibition on tourist use within a community of owners' statutes (Art. 6 of the amended statutes). The ruling emphasises that registration in regional registries does not authorise activities that contravene the Horizontal Property Act or the community's statutes (Art. 5 of Cantabria Decree 225/2019).

In 2 key points

  1. Community statutes may prohibit the use of dwellings for tourist rentals or non-hotel accommodation (art. 6.º de la modificación de estatutos)
  2. Registration in regional registries does not authorise activities that contravene legislation or urban planning (art. 5 del Decreto 225/2019)

How it affects those involved

For owners of properties under the horizontal property regime, an express prohibition in the community statutes prevails over registration in tourist business registries (Art. 5 of Decree 225/2019). Communities of owners retain the power to restrict the use of dwellings for tourist purposes by amending their statutes. Applicants for short-term rental registrations must ensure their activity does not contravene urban planning regulations or community agreements (Art. 5 of Decree 225/2019).

Lifecycle

2026-02-18PublishedPublished 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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