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BOE-A-2026-4158 ·23 February 2026 ·Resolution Low impact
Tax

Ban on tourist rentals: community statutes prevail over single registration applications

The Directorate General for Legal Certainty and Public Faith has confirmed that a prohibition in community statutes against using flats for purposes other than residential or professional use prevents the assignment of a single registration number for short-term rentals (Art. 9 Royal Decree 1312/2024). The ruling ratifies that the Registrar must verify that no such prohibitions exist under the Horizontal Property Act (Art. 9 Royal Decree 1312/2024).

In 2 key points

  1. The Registrar must verify that there are no prohibitions or limitations in accordance with Horizontal Property Law 49/1960 (Art. 9 Royal Decree 1312/2024). (art. 9 Real Decreto 1312/2024)
  2. The single registration ensures compliance with the statutes approved by homeowners' associations (Preamble Royal Decree 1312/2024). (Preámbulo Real Decreto 1312/2024)

How it affects those involved

For owners wishing to operate tourist rentals, restrictive clauses within community statutes will block the acquisition of a single registration code (Art. 9 Royal Decree 1312/2024). Homeowners' associations retain the power to limit the use of properties through their statutes, which constitutes a mandatory verification requirement for Land Registrars.

Lifecycle

2026-02-23PublishedPublished 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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