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BOE-A-2026-4746 ·28 February 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals in community: registration number denied due to prohibition in bylaws

The Directorate General for Legal Certainty and Public Faith has declared the inadmissibility of an appeal against a Marbella registrar's classification note. The decision confirms the suspension of the assignment of a unique short-term tourist rental registration number because the community's bylaws prohibit such activity. The resolution is based on the principle of legal identity with previous dismissals published in the BOE during 2025.

In 2 key points

  1. Inadmissibility of the appeal due to legal identity with previous dismissals (Resolución de 11 de noviembre de 2025)
  2. Two-month period to appeal via a claim before the Civil Court (arts. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For property owners in communities where bylaws prohibit tourist rentals, the impossibility of obtaining the registration number required for legal short-term activity is ratified. The resolution reinforces the prevalence of the community's will, as expressed in its bylaws, over individual registration claims. Interested parties have two months to appeal via a claim before the Civil Court (arts. 325 and 328 of the Mortgage Law).

Lifecycle

2026-02-28PublishedPublished 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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