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BOE-A-2026-5091 ·4 March 2026 ·Resolution Low impact
Administrative

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

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

In 2 key points

  1. Inadmissibility of the appeal due to identity of reasoning with previous dismissal resolutions from 2025 (Resolución de 20 de noviembre de 2025)
  2. Possibility of appealing via a claim before the Civil Court within a two-month period (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For homeowners in communities with statutes prohibiting short-term rentals, tourist activity remains legally unfeasible, as the required single registration number cannot be obtained (resolution of 20 November 2025). Individuals intending to carry out this activity must review their community statutes to avoid registration impossibility and potential legal conflicts.

Lifecycle

2026-03-04PublishedPublished 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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