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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal to issue a tourist rental registration number. The Registrar of Vera had denied the registration, claiming that the community's bylaws prohibited commercial or professional activities, thereby categorising tourist rentals under such a prohibition. The case examines whether activity prohibitions within horizontal property bylaws prevent the tourist use of a dwelling.
For owners of properties intended for tourist rental, the ruling highlights the risk that clauses prohibiting commercial or professional activities in community bylaws may be used by Registrars to deny tourist use registration. Owners should verify that their bylaws do not contain generic prohibitions that could be interpreted as a restriction on the tourist use of the property.
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