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The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against a decision made by the Land Registrar of Benalmádena. The registrar had suspended the assignment of a unique registration number for short-term tourist rentals due to an express prohibition within the community's horizontal property statutes. The ruling is based on the principle of identity of reason with previous administrative jurisprudence from this governing body.
For homeowners in communities with statutes prohibiting tourist use, the impossibility of obtaining a unique short-term rental registration number is confirmed (resolution of 12 December 2025). The ruling ratifies that statutory prohibitions prevail over registration requests. Appellants have two months to file a claim before the Civil Court (Articles 325 and 328 of the Mortgage Law).
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