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The Directorate General for Legal Certainty and Public Faith has ruled that a generic prohibition on 'commercial activities' in a community of owners' bylaws does not prevent the assignment of a registration number for tourist rentals (Art. 7 of the bylaws). The resolution distinguishes between the prohibition of economic/business activities and the use of a property for tourist rentals, which is not covered by wording that only prohibits commercial, professional, or industrial activities (Legal Grounds IV).
For owners wishing to operate tourist rentals, this resolution provides a means of defence against communities attempting to block such activity based on generic commercial prohibitions in the bylaws (Legal Grounds IV). However, if the bylaws expressly prohibit 'tourist use' or 'economic activity' specifically, the prohibition would be legitimate according to Supreme Court doctrine (STS 1671/2023).
The tax team reviews your specific situation.
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