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BOE-A-2026-6069 ·14 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals: appeal against suspension of registration number due to community statutes dismissed

The Directorate General for Legal Certainty and Public Faith has dismissed an appeal against a decision made by the Land Registrar of Benalmádena. The suspension of the assignment of a unique registration number for short-term tourist rentals remains in effect due to an express prohibition within the community's horizontal property statutes. The resolution is based on the same legal reasoning as previous dismissals published in the BOE during 2025.

In 1 key point

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

How it affects those involved

For homeowners in communities with statutes prohibiting tourist use, the impossibility of obtaining the registration number required for short-term rentals is ratified. This resolution prevents access to the unique tourist rental register when community statutes impose such a restriction. Interested parties have a two-month period to file a claim before the Civil Court (under articles 325 and 328 of the Mortgage Law).

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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