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BOE-A-2026-5831 ·12 March 2026 ·Resolution Low impact
Corporate

Tourist rental companies: appeal inadmissible due to horizontal property bylaws prohibition or room number discrepancy

The Directorate General for Legal Certainty and Public Faith has declared an appeal inadmissible, filed by a company seeking a single registration number for short-term tourist rentals. The suspension of the number assignment is due to a prohibition within the horizontal property bylaws and a discrepancy between the number of registered rooms (three) and those requested (five). The resolution is based on the principle of identity of reason with previous dismissals published in the BOE during 2025.

In 1 key point

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

How it affects those involved

For tourist rental management companies, this resolution confirms that prohibitions on activities within community bylaws and discrepancies between the physical reality and the property's registry description are insurmountable obstacles to obtaining a tourist rental registration. Interested parties have a two-month period to file a claim before the competent 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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