The Directorate General for Legal Certainty and Public Faith confirms that Land Registrars must verify the existence of obstructive elements, such as prohibitions within community statutes, before assigning a short-term rental registration number (Art. 10 R.D. 1312/2024). In this instance, the suspension of the assignment is upheld because the property's statutes prohibited activities that would disturb the comfort of residents (Art. 9.2.a R.D. 1312/2024). The regulation aims to ensure that the Single Rental Registry respects the autonomy of homeowners' associations in accordance with the Horizontal Property Act.
For owners wishing to operate tourist rental properties, the presence of restrictive clauses in the homeowners' association statutes prevents obtaining the registration number required to operate legally (Art. 10 R.D. 1312/2024). For homeowners' associations, their ability to limit the use of properties through their statutes is reaffirmed, which the Registrar is duty-bound to verify (Art. 10 R.D. 1312/2024). Failure to comply with these statutory limitations constitutes an obstructive element for the single registration procedure.
The tax team reviews your specific situation.