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The Directorate General for Legal Certainty and Public Faith has upheld a registrar's refusal to assign a short-term (tourist) rental registration number to a property. The decision is based on the fact that the homeowners' association statutes prohibit the use of dwellings for purposes other than residential use (Fact II.1). The resolution establishes that prohibitions on activities affecting coexistence or those restricting use to exclusively residential purposes are incompatible with tourist rental operations.
For owners intending to operate tourist rentals in communities with statutes restricting use to exclusively residential purposes, the assignment of a short-term rental registration number will be denied (Fact II.1). This prevents the formalisation of the registration required for tourist activities in such properties. The resolution emphasises that the prohibition of activities unrelated to residential use is a clear stipulation that precludes the economic activity of tourist leasing.
The tax team reviews your specific situation.
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