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BOE-A-2026-4890 ·2 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals in buildings: impossibility of obtaining registration number if prohibited by bylaws

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against a registrar's decision to suspend the assignment of a unique registration number for tourist rentals. The decision is based on an express prohibition within the property's community bylaws. The resolution is grounded in the principle of legal consistency with administrative precedents previously published in the BOE during 2025.

In 2 key points

  1. Dismissal of the appeal due to legal consistency with previous rulings from the Governing Centre (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 homeowners in residential communities wishing to engage in short-term rentals, the existence of a prohibition in the community bylaws prevents the acquisition of the registration number required for the activity. The ruling ratifies the precedence of community bylaws over individual registration claims for tourist purposes. 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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