Skip to content
BOE-A-2026-6524 ·20 March 2026 ·Resolution Low impact
Administrative

Ban on tourist rentals in buildings with restrictive bylaws: appeal dismissed

The Directorate General for Legal Certainty and Public Faith has declared an appeal against the suspension of a tourist rental registration number inadmissible. The decision stems from the fact that the community statutes of the property in question prohibit such activity (Resolution of 19 December 2025). The resolution is based on the principle of legal consistency with precedents previously analysed by this Directorate during 2025.

In 2 key points

  1. Community bylaws may prevent the allocation of a registration number for tourist rentals (Resolución de 19 de diciembre de 2025)
  2. 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 property owners in residential communities wishing to engage in short-term rentals, the resolution ratifies that prohibitions contained within community bylaws prevail over the allocation of tourist registration numbers (Resolution of 19 December 2025). Appellants have a period of two months to file a claim before the competent Civil Court (arts. 325 and 328 of the Mortgage Law).

Lifecycle

2026-03-20PublishedPublished 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