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BOE-A-2026-5806 ·12 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 the inadmissibility of an appeal filed against the suspension of a tourist rental registration number in Rota. The decision is based on the fact that the property's horizontal property bylaws expressly prohibit such activity, following the doctrine established in multiple previous resolutions by this Governing Centre during 2025.

In 1 key point

  1. Two-month period to appeal via a claim before the Civil Court in the provincial capital (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For homeowners 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 a unique registration number (resolution). Affected individuals have a period of two months to file a claim before the competent Civil Court (Articles 325 and 328 of the Mortgage Law).

Lifecycle

2026-03-12PublishedPublished 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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