Skip to content
BOE-A-2026-5959 ·13 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals: impossibility of obtaining registration number if community statutes prohibit it confirmed

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against the suspension of a tourist rental registration number in Seville. The decision is based on the fact that the horizontal property statutes prohibit such activity, upholding the precedent of previous rulings that prevent the registration of dwellings for tourist use when there is an express statutory prohibition.

In 1 key point

  1. Possibility of appealing via a claim before the Civil Court within a two-month period (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For homeowners in residential communities with statutes prohibiting short-term rentals, the legal impossibility of obtaining the tourist registration number required for commercial exploitation is confirmed. This ruling reinforces the primacy of the homeowners' community's will, as contained in the statutes, over the individual intention to carry out tourist activities.

Lifecycle

2026-03-13PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The administrative team reviews your specific situation.

Talk to the administrative team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact