Tourist rental in communities: without neighbor authorization, no registration from April 2025

Key data

If you have an apartment in a community and want to list it on platforms like Airbnb or Booking, the scenario has changed radically. From April 3, 2025, the amendment to the Horizontal Property Law introduced by Organic Law 1/2025 requires that the homeowners association expressly authorize the short-term tourist use. Without that favorable vote, the Property Registry suspends the assignment of the unique tourist rental registration number (NRA) and you cannot operate legally.

The resolution of May 13, 2026 from the General Directorate of Legal Security and Public Faith closes the door to any alternative interpretation: the appeal filed by the affected property owner in Cartagena was dismissed, and the resolution expressly refers to numerous previous resolutions in the same sense, confirming that this is consolidated and uniform doctrine, not an isolated criterion.

What does this regulation establish?

Organic Law 1/2025 amended the Horizontal Property Law to introduce a new requirement: property owners who wish to allocate their dwelling to short-term tourist rental must obtain express authorization from the homeowners association before requesting the NRA.

The following table summarizes the specific regulatory change:

The resolved case is illustrative: the property owner submitted their responsible declaration on August 27, 2025, that is, almost five months after the entry into force of the new requirement. The property registrar of La Unión no. 2 suspended the NRA assignment. The property owner appealed and the General Directorate of Legal Security and Public Faith dismissed the appeal, confirming the suspension.

Economic and operational impact

The impact is not insignificant. Short-term tourist rental can generate income far superior to traditional residential rental, especially in coastal and urban areas. Being blocked in the registry means:

• Impossibility of operating legally on platforms that require the NRA to publish the listing.
• Risk of sanctions for operating without registration in autonomous communities that already require the number in the listing.
• Dependence on the community's will: if neighbors vote against it, the property owner cannot allocate the apartment to tourist use, regardless of what the urban planning license says.
• Additional management cost: calling an extraordinary meeting, obtaining the necessary quorum, and documenting the agreement takes time and, in many cases, property manager fees.

The doctrine consolidated by the General Directorate of Legal Security and Public Faith —with multiple resolutions in the same sense— eliminates any margin for legal maneuvering for those who attempt to register without community agreement.

Who does it affect?

• Owners of apartments in buildings under horizontal property regime who wish to start short-term tourist rental activity from April 3, 2025.
• Real estate investors who have acquired dwellings with the intention of exploiting them for tourism and have not yet obtained the NRA.
• Vacation rental managers (property managers) who process registrations on behalf of owners in multi-family buildings.
• Property administrators, who will need to manage requests for meeting convocations and authorization agreements.
• Homeowners associations, which acquire an active and decisive role in authorizing or denying tourist use.

It does not affect single-family homes or properties not subject to the horizontal property regime.

Practical example

A property owner in Cartagena —exactly the case resolved by this resolution— submits on August 27, 2025 a responsible declaration to the Property Registry to obtain the NRA for their apartment and be able to rent it for tourism. They do not provide any agreement from the homeowners association authorizing tourist use.

The property registrar of La Unión no. 2 suspends the NRA assignment for not meeting the requirement introduced on April 3, 2025. The property owner files an appeal with the General Directorate of Legal Security and Public Faith. The resolution of May 13, 2026 dismisses the appeal and confirms the suspension, referring to numerous previous resolutions in the same sense.

Result: the property owner cannot operate legally as a tourist rental until they call a meeting, obtain express authorization from the community, and resubmit the NRA application with that agreement documented.

What should property owners do now?

1. Verify if your dwelling is under horizontal property regime. If the apartment is part of a building with a homeowners association, the new requirement applies to you without exception from April 3, 2025.
2. Check if you already have an NRA assigned. If you obtained the number before April 3, 2025, check if it is still valid and if the autonomous community regulation requires any update or renewal.
3. If you don't have an NRA yet, call a homeowners meeting. Ask the property administrator to include in the agenda the express authorization for short-term tourist rental of your dwelling. Document the agreement reached.
4. Obtain the community agreement in writing. The meeting minutes with the favorable vote is the document you must provide along with the responsible declaration when requesting the NRA.
5. Submit the NRA application with the authorization documented. Only then can the Property Registry assign the number without suspension.
6. Do not submit the responsible declaration without the agreement. The doctrine of the General Directorate of Legal Security and Public Faith is uniform and consolidated: suspension is automatic and the appeal will not succeed.

Official source

Consult complete regulation at 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-2026-17472