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BOE-A-2026-3780 ·18 February 2026 ·Resolution Low impact
Administrative

Ban on professional activities in community statutes: potential restriction on tourist rentals

The Directorate General for Legal Certainty and Public Faith examines the validity of prohibiting professional activities within community statutes to prevent tourist rentals. The Land Registrar of Vigo No. 4 suspended the assignment of a tourist rental registration number, ruling that such activity is equivalent to a professional or economic activity, which is prohibited by the property's statutes (Facts I). The resolution addresses the doctrine regarding the effectiveness of limitations on the use of properties under the horizontal property regime.

In 2 key points

  1. Tourist rentals may be equated to professional or economic activities according to Supreme Court case law (Facts I). (Hechos I)
  2. Use prohibitions must be express and registered in the Land Registry to be effective against third parties (Legal Grounds). (Fundamentos de Derecho)

How it affects those involved

For homeowners in buildings with statutes expressly prohibiting professional activities, tourist rentals could be blocked if they are deemed an economic activity (Facts I). The cited case law allows communities to limit the use of properties to protect the general interest, provided these prohibitions are expressly stated and registered in the Land Registry (Legal Grounds).

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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