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BOE-A-2026-5102 ·4 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals: application for registration number dismissed due to community statutes prohibiting such use

The Directorate General for Legal Certainty and Public Faith has declared the inadmissibility of an appeal filed by an entity against the refusal to issue a tourist rental registration number. The decision is based on the fact that the community statutes of the property in Elche expressly prohibit such activity. The resolution is based on the same legal reasoning as precedents previously analysed by this Directorate in resolutions from June and July 2025.

In 1 key point

  1. 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 vacation rental management companies (such as the appellant Nuevos Sauces, SL), this resolution confirms that a prohibition on tourist use contained within community statutes prevails over applications for a single registration number. Property owners in communities with restrictive statutes will be unable to obtain authorisation for short-term rentals. Interested parties have two months to appeal via a claim before the Civil Court (arts. 325 and 328 of the Mortgage Law).

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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