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The Directorate General for Legal Certainty and Public Faith establishes that community agreements (requiring a 3/5 majority) may only prohibit 'tourist accommodation' activities (Art. 5.e LAU), but not other forms of short-term or seasonal rentals (Art. 17.12 LPH). Furthermore, it recognises that owners already engaged in tourist activities prior to the entry into force of Organic Law 1/2025 (03/04/2025) retain their rights under previous tourism regulations, due to the principle of non-retroactivity and the law's transitional provision (Art. 17.12 LPH and DA 2. LPH).
For owners already registered in the Tourism Registry, new regulations and subsequent statutory agreements cannot retroactively suppress their activity (DA 2. LPH). For homeowners' associations, prohibition agreements must be drafted with technical precision, limiting themselves exclusively to the 'tourist accommodation' category to be registrable with a 3/5 majority; otherwise, the agreement will exceed the scope of Art. 17.12 LPH and require unanimity.
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