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BOE-A-2026-4884 ·2 March 2026 ·Resolution Low impact
Administrative

Tourist rental ban: registration number denied due to prohibition in community statutes

The Directorate General for Legal Certainty and Public Faith has declared an appeal inadmissible against a registrar's decision to suspend the assignment of a unique registration number for short-term tourist rentals. The decision is based on an express prohibition within the property's community statutes. The resolution cites precedents from this same Directorate that have dismissed identical cases throughout 2025.

In 1 key point

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

How it affects those involved

For homeowners in communities with statutes prohibiting tourist use, the Directorate General confirms they will be unable to obtain the registration number required for legal short-term rental activity. This ruling reinforces the precedence of the homeowners' community's will, as expressed in its statutes, over individual intentions to exploit properties for tourism. Interested 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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