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BOE-A-2026-806 ·14 January 2026 ·Resolution Low impact
Tax

Tourist housing owners: Directorate General overturns Registrar's refusal due to discrepancy in license ownership

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal of the Málaga Property Registrar No. 4 to assign unique rental registration numbers (NRA) to two properties. The Registrar suspended the assignment because the properties are registered under a different name than the one listed in the Tourism Registry of Andalusia (Art. 5.d, RD 1.312/2024). The appellant argues that the delay in updating the license ownership is due to bureaucratic delays by the Junta de Andalucía rather than any breach by the landlord.

In 2 key points

  1. Obligation of landlords to update information regarding their units concerning the obtaining of the NRA, Art. 5.d, RD 1.312/2024 (art. 5.d, RD 1.312/2024)
  2. Registrars must assess the legality of the extrinsic forms of documents and the capacity of the grantors, Art. 18, Mortgage Law (art. 18, Ley Hipotecaria)

How it affects those involved

For companies and owners of tourist use housing (VUT), the ruling highlights the risk of administrative deadlock when property ownership records do not match the tourist license (Art. 5.d, RD 1.312/2024). Although the appellant argues that the administration is responsible for the delay in RTA procedures, the Registrar maintains their duty of legality assessment (Art. 18, Mortgage Law). This requires owners to ensure that any change in ownership is immediately and coordinately reflected in both the Property Registry and the Tourism Registry to avoid the suspension of registration number assignments.

Lifecycle

2026-01-14PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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