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BOE-A-2026-5823 ·12 March 2026 ·Resolution Low impact
Administrative

Tourist rental ban: registration number denied due to prohibition in community statutes

The Directorate General for Legal Certainty and Public Faith has declared an appeal against the suspension of a unique short-term tourist rental registration number inadmissible (Resolution of 4 December 2025). The decision is based on the fact that the property's community statutes contain an express prohibition of this type of activity. The resolution is grounded in the principle of legal consistency with previous dismissals published in the BOE during 2025.

In 2 key points

  1. Inadmissibility of the appeal due to legal consistency with previous dismissals in 2025 (Resolución de 4 de diciembre de 2025)
  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 property owners within residential communities, the resolution confirms that a ban on tourist rentals contained in the community statutes prevails over registration requests (Resolution of 4 December 2025). Individuals intending to carry out this activity in buildings with such restrictions will be unable to obtain the required registration number. Legitimate parties have two months to appeal via a claim before the Civil Court (arts. 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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