Tourist rental denied by the Registry: what happens if bylaws prohibit it

Key data

If you have an apartment you want to use for tourist rental, it is no longer enough to obtain the regional license. Since the entry into force of Royal Decree 1312/2024, the Property Registry assigns the short-term rental registration number (NRA), and can block it if it detects that your community's bylaws expressly prohibit tourist use.

This is confirmed by the resolution from the General Directorate of Legal Security and Public Faith of January 7, 2026, which resolves an appeal against the refusal of the accidental Property Registry of Barcelona no. 5 to assign an NRA. The result: the appeal is dismissed and the denial is confirmed.

What does this regulation establish?

The resolution analyzes two reasons why the registrar suspended the assignment of the NRA:

• Bylaw prohibition: the community of property owners' bylaws included since 2015 a clause that expressly prohibited tourist use of the properties.
• Form error: the regional tourism license code had been entered incorrectly in the application.

The property owner acquired the property in 2017, two years after the 2015 bylaw modification was approved. The resolution concludes that, by acquiring the property after that modification, the owner had knowledge—or should have had—of the prohibition. This eliminates any argument of good faith or lack of knowledge.

Royal Decree 1312/2024 requires that in the NRA registration procedure, the absence of an obstructive resolution be expressly stated. This includes limitations derived from the community's bylaws in accordance with the Horizontal Property Law. The Registry thus acts as a prior filter to the exercise of tourist rental, not as a mere administrative procedure.

To be able to obtain the NRA in this case, the applicant must meet two conditions:

• Provide evidence of authentic authorization from the community of property owners that lifts or exempts from the bylaw prohibition.
• Correct the regional tourism license code entered incorrectly in the form.

Economic and operational impact

The impact is not only legal: it is directly economic. A property owner who cannot obtain the NRA cannot legally operate their apartment as a tourist rental. This means:

• Blocked income while the bylaw situation is resolved or form errors are corrected.
• Management cost to convene and approve at the meeting the bylaw modification or express authorization, which requires qualified majorities according to the Horizontal Property Law.
• Risk of operating without NRA: doing so exposes the owner to administrative sanctions for exercising tourist rental without the mandatory registration.
• Investment in document review: any buyer of a property intended for tourist use must review the community's bylaws before closing the transaction, or assume the risk of not being able to obtain the NRA.

The case of Barcelona no. 5 is a clear precedent: the Registry is not an automatic procedure. It is a real barrier if the community has protected itself through bylaws.

Who does it affect?

• Apartment owners in communities with restrictive bylaws who want to obtain the NRA for tourist rental.
• Real estate investors who acquire properties for short-term rental without previously reviewing community bylaws.
• Tourist apartment managers who operate on behalf of owners and must process the NRA.
• Legal advisors and property administrators who accompany tourist rental registration processes.
• Communities of property owners that want to protect their bylaws against tourist use of properties.

Practical example

An investor buys an apartment in Barcelona in 2022 to use it for tourist rental through platforms like Airbnb. They request the Property Registry to assign the NRA in accordance with Royal Decree 1312/2024. The registrar consults the community's bylaws and detects that in 2018—before the purchase—the meeting approved a modification that expressly prohibits tourist use of the apartments.

The Registry denies the assignment of the NRA. The investor cannot operate legally. To unblock the situation, they need the property owners' meeting to approve express authorization or modify the bylaws, which requires qualified majorities and can take months of management. Meanwhile, their expected income from tourist rental remains completely blocked.

This is exactly the scenario described in the January 2026 resolution: the owner acquired the property in 2017, two years after the 2015 bylaw modification, and the Registry confirmed the denial of the NRA.

What should property owners do now?

1. Review community bylaws before any transaction: if you are thinking about buying a property for tourist rental, request the updated bylaws and check if there is a restrictive clause. Do it before signing, not after.
2. Verify the date of any bylaw modification: if the prohibition was approved before your purchase, the Registry will assume you had knowledge of it. There is no room to claim ignorance.
3. Convene a meeting if you need authorization: if you are already an owner and the bylaws prohibit tourist use, the only way is to obtain authentic authorization from the community or promote bylaw modification with the majorities required by the Horizontal Property Law.
4. Review the NRA form before sending it: the second reason for denial in this case was an error in the regional tourism license code. Check that all form data is correct before submitting it to the Registry.
5. Consult with a property administrator or specialized lawyer if you have doubts about the content of the bylaws or the modification procedure, especially in communities with many owners or complex bylaws.

Official source

View complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-14833