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The Directorate General for Legal Certainty and Public Faith has analysed the suspension of the assignment of a short-term rental registration number for a property. The Land Registrar of Marbella No. 3 suspended the application because the community statutes expressly prohibit the use of the property for commercial purposes (Art. 10.E of the statutes). The resolution falls within the Single Registry of Leases procedure regulated by R.D. 1312/2024 (Art. 9.2, a).
For homeowners wishing to operate tourist rentals, the presence of clauses in community statutes prohibiting commercial use may prevent obtaining the registration number required for the activity (Art. 9.2, a, R.D. 1312/2024). The legal conflict lies in whether holiday rentals constitute a commercial activity in light of the statutory prohibition. Owners must verify that their activity is compatible with the statutes registered in the Land Registry to avoid suspensions during the registration process.
The tax team reviews your specific situation.
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