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BOE-A-2026-4754 ·28 February 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals: impossibility of obtaining registration number if community statutes prohibit it confirmed

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against the suspension of a tourist rental registration number in Málaga. The decision is based on the fact that the horizontal property statutes expressly prohibit such activity, following the doctrine established in multiple previous resolutions by this Governing Centre during 2025.

In 1 key point

  1. Two-month period to appeal via a claim before the Civil Court of the provincial capital (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For homeowners in residential communities where tourist rentals are prohibited by their statutes, the legal impossibility of obtaining the single registration number required for the activity is confirmed (resolution of 14 November 2025). The resolution ratifies that the community's will, as expressed in the statutes, prevails over individual registration requests.

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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