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BOE-A-2026-5160 ·5 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals in buildings with restrictive bylaws: appeal dismissal upheld

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

In 2 key points

  1. The suspension of the tourist rental registration number assignment is maintained due to statutory prohibition (resolución de 18 de noviembre de 2025)
  2. A two-month period to appeal via a claim before the Civil Court from the date of notification (artículos 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For property owners in residential communities wishing to carry out short-term tourist rentals, the existence of a prohibition in the horizontal property bylaws prevents the obtaining of the required single registration number (resolution of 18 November 2025). The administration maintains the position that the community's will, as expressed in the bylaws, prevails over the registration application.

Lifecycle

2026-03-05PublishedPublished 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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