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The Directorate General for Legal Certainty and Public Faith has ruled that a generic prohibition of commercial or business activities in a homeowners' association's bylaws does not prevent tourist rentals (Art. 396 Civil Code). The Supreme Court has established that short-term rentals do not alter the residential nature of a property unless typical hospitality services, such as cleaning or laundry, are provided (STS 725/2025).
For companies and owners managing tourist rentals, it is confirmed that tourist use does not constitute a business activity in itself if it lacks hotel-like services (STS 725/2025). Homeowners' associations cannot prohibit holiday rentals based solely on generic 'residential use' or 'prohibition of commercial activities' clauses; any prohibition must be stated clearly and expressly in the bylaws (STS 462/2023).
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