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BOE-A-2026-4165 ·23 February 2026 ·Resolution Low impact
Tax

Properties with restrictive statutes: Directorate General validates suspension of tourist rental registration number

The Directorate General for Legal Certainty and Public Faith has confirmed the legality of suspending the assignment of a short-term tourist rental registration number for a property in Vélez-Málaga. The decision is based on the fact that the community statutes prohibit the establishment of businesses or activities that disturb good neighbourliness or the peace of residents. The Land Registry is competent to verify compliance with civil requirements, such as community statutes, for the assignment of said number (Art. 18 of the Mortgage Law).

In 2 key points

  1. Community statutes may prevent the assignment of a tourist rental registration number if they prohibit businesses or activities that disturb neighbourliness. (Hechos I)
  2. The Registrar must verify compliance with civil requirements, including community statutes, for the assignment of the number (Art. 18 of the Mortgage Law). (art. 18 Ley Hipotecaria)

How it affects those involved

For property companies and individuals operating tourist rentals, this resolution reinforces the primacy of community statutes over tourist registration applications. If the statutes prohibit commercial activities or those affecting coexistence, the Registrar may issue a negative qualification for the registration number application, thereby preventing the property from being offered on online platforms (Art. 18 of the Mortgage Law).

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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