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BOE-A-2026-4882 ·2 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals in communities: appeal against registration suspension due to property statutes dismissed

The Directorate General for Legal Certainty and Public Faith has declared the inadmissibility of an appeal filed by a company against a registrar's decision to suspend the assignment of a tourist rental registration number. The suspension is due to an express prohibition of this activity within the community statutes (Resolution of 11 November 2025). The ruling is based on the principle of identity of reason with previous dismissal precedents published in the BOE during 2025.

In 2 key points

  1. Inadmissibility of the appeal due to identity of reason with previous dismissal resolutions from 2025 (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 tourist accommodation management companies (such as Baru Haus, SL), this ruling reinforces the prevalence of community statutes over the intention to carry out short-term rentals in properties with registered prohibitions. Owners or managers operating in buildings with restrictive statutes will be unable to obtain a tourist rental registration number if the registrar detects such a prohibition. Legitimate parties have two months to appeal via a claim before the Civil Court (Articles 325 and 328 of the Mortgage Law).

Lifecycle

2026-03-02PublishedPublished 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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