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BOE-A-2026-5944 ·13 March 2026 ·Resolution Low impact
Administrative

Tourist rental ban: application for registration number dismissed due to prohibition in bylaws

The Directorate General for Legal Certainty and Public Faith has declared an appeal against the suspension of the assignment of a unique registration number for short-term tourist rentals inadmissible (Resolution of 5 December 2025). The decision is based on the fact that the property's community bylaws contain an express prohibition of this type of activity, following the doctrine established in previous resolutions by this Directorate.

In 2 key points

  1. Inadmissibility of the appeal due to consistency with previous resolutions prohibiting tourist rentals if the bylaws forbid it (Resolución de 5 de diciembre de 2025)
  2. Two-month deadline to appeal by filing a claim before the Civil Court in the provincial capital (arts. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For property owners within homeowners' associations, the existence of a tourist rental ban in the community bylaws prevents the obtaining of the registration number required for legal operation (Resolution of 5 December 2025). Individuals wishing to appeal this decision have a period of two months to file a claim before the competent Civil Court (Articles 325 and 328 of the Mortgage Law).

Lifecycle

2026-03-13PublishedPublished 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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