Short-term rental: the Registry can reject your deposit if you are not the registered owner

Key data

If you manage a short-term tourist accommodation and you are not the registered owner of the property, you have a specific problem: the Property Registry can reject the deposit of the informative model required by the RD 1312/2024 and the Order VAU/1560/2025. This is confirmed by the Resolution of May 21, 2026 from the DGSJFP, which resolves an appeal against the refusal of the Property Registry of Priego de Córdoba.

The case is clear: a person who claimed to be a 50% co-owner of a property attempted to deposit the informative model. The registrar denied it because the property was registered in the name of another person. The appellant provided a private declaration signed by both co-owners. The DGSJFP confirmed the refusal: that document is not sufficient.

What does this regulation establish?

The resolution applies the principle of successive title contained in article 20 of the Mortgage Law: only those listed as owners in the Registry, or those who prove sufficient representation of that owner, can act on a registered property.

The DGSJFP expressly establishes which documents do accredit sufficient representation to deposit the informative model:

In the case resolved, the private declaration signed by both co-owners had no notarial legitimation and was not ratified before the registrar. That is why it was rejected, even though the appellant claimed to be a 50% co-owner.

Economic and operational impact

The impact is not a direct fine, but it can block the operation of your tourist accommodation. The informative model of short-term rental is a legal requirement derived from the RD 1312/2024. If the Registry rejects the deposit, you cannot prove compliance with that obligation.

The specific operational consequences are:

• Paralysis of the deposit procedure of the informative model before the Property Registry.
• Need to obtain additional documentation (notarial or registry) to complete the procedure.
• Cost of notarial formalization of the power of attorney or management contract, which varies depending on the notary and the complexity of the document.
• Possible delay in the launch or continuity of the tourist accommodation if the deposit is a prerequisite to operate.

For professional managers of tourist accommodations who act on behalf of multiple owners, the impact multiplies: each managed property whose registered owner has not granted sufficient representation requires an additional procedure.

Who does it affect?

• Co-owners of tourist accommodations who are not individually listed as registered owners of the entire property.
• Managers and property managers who administer short-term accommodations on behalf of third parties without a formalized management contract.
• Heirs or acquirers who have not yet registered their ownership in the Property Registry.
• Companies or businesses that operate tourist accommodations whose registered ownership is still in the name of different natural persons.
• Owners with informal powers who manage accommodations of family members or partners without notarial or registry documentation.

Practical example

Two brothers are 50% co-owners of an apartment that they operate as a tourist accommodation. Only one of them is listed as the registered owner (for example, because the inheritance has not yet been registered). The other brother attempts to deposit the informative model of short-term rental in the Property Registry.

The registrar rejects it: the property is registered in the name of the other brother, and the private declaration signed by both does not meet the requirements. To resolve the situation, the options are:

• The registered owner grants a notarial power of attorney in favor of the other brother.
• Formalize a management contract between both that enables the non-owner to perform the deposit.
• Register the co-ownership in the Registry so that both are listed as registered owners.
• Sign a private document with recognized electronic signature or ratify it before the registrar.

Any of these routes has a cost and a timeline. The private declaration alone, even if signed by both parties, is not sufficient according to the DGSJFP.

What should companies do now?

1. Verify who is listed as the registered owner of each property you operate as a tourist accommodation. Request a simple note from the Property Registry if you have doubts.
2. Check if you have sufficient representation to act on behalf of the registered owner: notarial power of attorney, management contract, rental with exploitation rights or private document with electronic signature or ratified before the registrar.
3. If you are a manager or property manager, review all contracts with owners: make sure they include a clause that expressly enables you to perform registry procedures, or formalize a notarial power of attorney.
4. If the registered ownership is outdated (unregistered inheritances, pending transfers), consider registering the actual ownership before attempting to deposit the informative model.
5. Do not submit private declarations without legitimation as the only documentation: the DGSJFP has confirmed that they are not valid and the Registry will reject them.

Official source

Consult complete regulation in official source

Notice: This article is merely informative in nature 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-2026-21064