The Directorate General of Legal Certainty and Public Faith confirms that Property Registrars have the authority to suspend the assignment of short-term tourist rental registration codes if the community's statutes prohibit such activities (Art. 18 of the Mortgage Law). In this specific case, the Registrar of León suspended Baru Haus S.L.'s application because the building's statutes expressly prohibit activities such as pensions or room rentals. The resolution emphasizes that the new registration system, regulated by Royal Decree 1312/2024, aims to ensure compliance with the statutes approved by homeowners' associations.
For tourist rental management companies (such as Baru Haus S.L.), the allocation of a registration number is not automatic and is subject to compatibility with the community of owners' bylaws (Royal Decree 1312/2024). Communities of owners retain the power to limit commercial or accommodation activities in their buildings through their bylaws. Owners intending to operate tourist rentals must first verify that their horizontal property regime does not contain express prohibitions to avoid the suspension of their registration.
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