Skip to content
BOE-A-2026-5167 ·5 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals: application for registration number rejected due to statutory prohibition

The Directorate General for Legal Certainty and Public Faith has declared an appeal against the suspension of a short-term tourist rental registration number inadmissible. The decision is based on the fact that the community statutes of the property in Vélez-Málaga contain an express prohibition of such activity. 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. Inadmissibility of the appeal due to legal consistency with previous resolutions from this Directorate (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 communities where statutes prohibit tourist rentals, this resolution confirms the impossibility of obtaining the single registration number required for the activity. This reinforces the prevalence of the community's will over an individual's intention to exploit a property 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

2026-03-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The administrative team reviews your specific situation.

Talk to the administrative team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact