Spain's Directorate General for Legal Security and Public Faith (DGSJFP) has upheld an owner's appeal against the refusal to assign a Unique Rental Registration Number (NRA), setting an important precedent for the tourist rental sector in Spain.
Source: BOE-A-2026-6063 — Resolution of 24 November 2025, published in the Official Gazette (BOE) on 14 March 2026. Legislative data: CIFEX Intelligence
What happened
A company (Majchrowicz Real Estate, S.L.) purchased a flat in December 2021 and registered it as tourist accommodation with the Andalusian Tourism Registry in January 2022. It later applied for the NRA under Royal Decree 1312/2024.
The property registrar refused the application because the homeowners’ association (HOA) had passed a resolution banning new tourist rentals in the building. The problem: the ban was adopted on 28 September 2021 — before the company purchased — but was not registered at the Property Registry until March 2024.
What the DGSJFP decided
The Directorate General upheld the appeal and overturned the registrar’s refusal. The reasoning is straightforward:
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Public faith principle (Art. 32, Mortgage Law): A buyer who acquires in reliance on the Registry cannot be prejudiced by restrictions that were not recorded at the time of purchase.
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Article 5 of the Horizontal Property Act: HOA statutes may include rules on the building’s use, including tourist rental bans, but these do not bind third parties unless registered at the Property Registry.
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The HOA ban existed but was registrally invisible: The ban was adopted in September 2021 but not registered until March 2024. When the company bought in December 2021, the Registry showed no restriction.
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The regional tourism licence prevails: The company had obtained its registration with the Andalusian Tourism Registry under the applicable regional legislation, and this administrative authorisation satisfies the documentary requirements of RD 1312/2024.
Who is affected
This resolution is relevant for:
- Tourist rental owners who purchased before an HOA ban was registered — it confirms the ban does not bind them.
- Homeowners’ associations seeking to ban tourist rentals — they must register the resolution at the Property Registry immediately to make it enforceable against future buyers.
- Foreign investors and non-residents buying in Spain for holiday letting — pre-purchase registry due diligence is now more critical than ever.
- Property registrars assigning the NRA — they must check whether the ban was registered at the time of acquisition, not merely whether it exists today.
What to do
If you own a tourist rental property:
- Check the registration date of any HOA ban on the nota simple for your property. If you purchased before the ban was registered, it does not affect you.
- Apply for the NRA if you have not yet done so — RD 1312/2024 requires it to operate on platforms.
- Keep your regional tourism registration documentation readily available.
If you are a homeowners’ association:
- Register any ban or restriction immediately at the Property Registry. Without registration, the resolution only binds current owners, not future purchasers.
- Remember the required majority: 3/5 of all owners and participation quotas (Art. 17.12 HPA, reformed by RDL 21/2018).
If you are considering buying to let:
- Request an updated nota simple before signing — check whether a tourist rental ban is registered.
- Verify the regional regulations in your area (each autonomous community has its own tourist accommodation regime).
- Consult a real estate lawyer on the viability of tourist letting in the specific building.
Applicable legislation
| Regulation | Relevance |
|---|---|
| RD 1312/2024 | Establishes the mandatory NRA for tourist accommodation |
| Art. 5 HPA (Law 49/1960) | HOA statutes do not bind third parties unless registered |
| Art. 32 Mortgage Law | Public faith principle — buyer protection |
| Art. 17.12 HPA (RDL 21/2018) | 3/5 majority required to restrict tourist rentals |
| Andalusian Tourism Act 13/2011 | Regional regime for tourist accommodation |
Impact for BMC clients
This resolution reinforces the importance of comprehensive real estate due diligence before purchase, particularly for non-resident investors acquiring coastal properties for tourist exploitation.
At BMC we recommend our investor clients:
- Full registry review before closing
- Verification of HOA resolution status (review minutes of general meetings)
- Simultaneous processing of regional tourism registration and NRA
- Tax-optimised structure for tourist rental income (IRNR for non-residents, IRPF for residents)
Considering investing in a tourist rental property in Spain? Contact our real estate law team for a comprehensive pre-purchase review.
Legislative data provided by CIFEX Intelligence. Analysis by Bárbara Botía, registered lawyer ICAM Málaga no. 11,233.
