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BOE-A-2026-4758 ·28 February 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals: appeal against suspension of registration due to community statutes dismissed

The Directorate General for Legal Certainty and Public Faith has declared the inadmissibility of an appeal against a registrar's decision to suspend the assignment of a tourist rental registration number. The decision is based on an express prohibition within the property's community statutes. This resolution follows the principle of legal consistency with previous dismissal rulings published in the BOE during June and July 2025.

In 2 key points

  1. Inadmissibility of the appeal due to legal consistency with previous dismissal rulings (texto fuente)
  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 within community developments, this ruling reinforces the validity of tourist rental bans contained in community statutes against applications for administrative registration. Individuals attempting to carry out this activity in buildings with such prohibitions will be unable to obtain a single tourist short-term rental registration number. Interested parties have two months to appeal via a claim before the Civil Court (under Articles 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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