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The Directorate General for Legal Certainty and Public Faith has confirmed that the Land Registrar may suspend the assignment of a single registration number for short-term rentals if the homeowners' association bylaws prohibit such activity (Art. 9.2.a of Royal Decree 1312/2024). The ruling examines a case where the statutory prohibition was registered prior to the tourist registration application. Compliance with association bylaws is a necessary formal verification requirement for registration (Royal Decree 1312/2024).
For short-term rental management companies and owners, an express prohibition in the horizontal property bylaws, duly registered, acts as a legal impediment to obtaining a single short-term rental registration number (Royal Decree 1312/2024). Homeowners' associations retain the ability to limit tourist activity through assembly agreements that are made public and recorded in the Land Registry (Articles 3 and 5 of the Horizontal Property Law).
The tax team reviews your specific situation.
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