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BOE-A-2026-6066 ·14 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 declared the inadmissibility of an appeal against the suspension of a tourist rental registration number in Marbella. The decision is based on the fact that the property's community statutes contain an express prohibition of this activity, following the doctrine established in previous resolutions from this directorate (resolutions of June and July 2025).

In 2 key points

  1. Inadmissibility of the appeal due to identity of reasoning with previous dismissive resolutions from June and July 2025 (texto fuente)
  2. Two-month period to appeal via a claim before the Civil Court (art. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

For homeowners in residential communities wishing to operate short-term tourist rentals, the existence of a prohibition in the community statutes prevents the obtaining of the required single registration number (resolution of 24 November 2025). This constitutes a legal barrier to tourist activity in properties subject to such statutory restrictions.

Lifecycle

2026-03-14PublishedPublished 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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