Tourist rental denied in communities with restrictive bylaws: what property owners must do

Key data

If you own an apartment in a homeowner association and want to use it for tourist rental, this resolution directly affects you. The Resolution of February 20, 2026 from the DGSJFP confirms that the property registrar in Puerto de la Cruz acted correctly by suspending the assignment of the unique registration number for short-term tourist rental, complete property, requested by two property owners. The reason: the community bylaws require majority consent to allocate apartments to uses other than residential.

This is not an isolated case. The resolution explicitly refers to a long series of previous resolutions in the same sense issued between June and September 2025, making this position consolidated doctrine of the DGSJFP.

What does this regulation establish?

The legal key is in Article 17 of Law 49/1960, of July 21, on Horizontal Property (previously referenced as Article 16, second). This provision requires the consent of the majority of property owners when the community bylaws condition the change of use of apartments.

The procedure in question is the assignment of the unique registration number for short-term tourist rental, complete property. To obtain it, the property owner must prove that there is no statutory impediment or, if there is one, that they have the required community approval.

The doctrine consolidated by this resolution can be summarized as follows:

• If the community bylaws prohibit or condition tourist use, the registrar must suspend the assignment of the registration number.
• The interested property owner must first obtain approval from the majority of the owners' meeting in accordance with Article 17 of the Horizontal Property Law.
• Only after proving that approval can they request the tourist registration again.
• This doctrine is supported by previous resolutions issued between June and September 2025, making it uniform and reiterated criteria.

Economic and operational impact

The impact for affected property owners is twofold: operational and economic.

From an operational perspective, any property owner who has begun the process of registering on tourist rental platforms (Airbnb, Booking or others) without first verifying their community bylaws faces an administrative block that paralyzes their activity. Without the unique registration number, they cannot operate legally.

From an economic perspective, the resulting costs include:

• Costs of calling and holding an owners' meeting to vote on the change of use.
• Attorney or advisor fees if you decide to appeal the property registration classification before the Civil Court (deadline: two months from notification).
• Loss of income during the time the community approval process or judicial appeal takes.
• Risk of community rejection: if the majority of property owners votes against it, tourist use is permanently vetoed while the bylaws are not modified.

There are no direct economic sanctions derived from this resolution, but operating without the unique registration number may result in administrative sanctions in accordance with applicable regional tourism regulations.

Who does it affect?

• Property owners of apartments under horizontal property regime who want to allocate them to short-term tourist rental.
• Real estate investors who have acquired or are considering acquiring apartments in communities with restrictive bylaws.
• Vacation rental managers (property managers) who process tourist registrations on behalf of property owners.
• Legal and real estate advisors who advise clients on the viability of tourist rental in buildings under horizontal property.
• Homeowner associations that receive requests from neighbors to allocate apartments to tourist use.

Practical example

Two property owners of an apartment in Puerto de la Cruz (Tenerife) request the unique registration number for short-term tourist rental for their complete property. The accidental property registrar suspends the assignment because the community bylaws require the consent of the majority of property owners to allocate apartments to uses other than residential.

The property owners file an appeal with the DGSJFP arguing that they have the right to registration. The DGSJFP dismisses the appeal and confirms the suspension, applying Article 17 of the Horizontal Property Law and the consolidated doctrine in the resolutions from June to September 2025.

To unblock the situation, these property owners must now:

1. Call an owners' meeting and submit the change of use to a vote.
2. Obtain the consent of the majority required by the bylaws and Article 17 LPH.
3. Prove that approval before the property registry and request the tourist registration number again.

Alternatively, they can appeal the property registration classification before the Civil Court within two months from notification of the resolution.

What should property owners do now?

1. Review the community bylaws before starting any tourist registration process. Look for clauses that condition the use of apartments for purposes other than residential or that require community authorization.
2. Consult Article 17 of the Horizontal Property Law to know the quorum required in your specific case and whether the bylaws refer to that provision.
3. Call an owners' meeting if the bylaws require majority approval, and obtain favorable agreement before requesting the unique registration number.
4. Prove community approval before the property registry when submitting the application for assignment of the tourist registration number.
5. Consider judicial appeal if you believe the property registration classification is incorrect: the deadline is two months before the Civil Court from notification of the resolution.
6. Seek advice from a lawyer specialized in horizontal property and tourism law before making decisions, especially if you are already operating without registration or if the community approval process presents difficulties.

Official source

Consult 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-2026-14953