Key data
| Regulation | Resolution of March 19, 2026, from the General Directorate of Legal Security and Public Faith, in the appeal filed against the qualification note of the property registrar of Santa Pola no. 1 |
|---|---|
| Publication | July 9, 2026 |
| Entry into force | Not specified |
| Affected parties | Owners and buyers of tourist properties in homeowners' associations, property registrars |
| Category | Real Estate |
| Key cutoff date | April 3, 2025 (entry into force of art. 7.3 LPH introduced by LO 1/2025) |
| Original license date | 2023 |
| Appellant | Casagrande Properties LTD |
| Registrar involved | Property Registrar of Santa Pola no. 1 |
Buying a licensed tourist property and finding that the registry blocks it because "the license is new" after the change of ownership: that is exactly what happened to Casagrande Properties LTD in Santa Pola. The Property Registrar no. 1 suspended the assignment of the unique short-term tourist rental registration number, arguing that the new statement of responsibility submitted after the property transfer in 2025 was equivalent to a license after April 3, 2025, the date when the new art. 7.3 of the Horizontal Property Law (LPH), introduced by LO 1/2025, came into force, which requires express authorization from the homeowners' association.
The General Directorate of Legal Security and Public Faith (DGSJFP) upheld the appeal and made clear the criterion: the relevant date is that of the original license (2023), not the change of ownership. The property transfer does not generate a new license for purposes of this requirement.
What does this regulation establish?
The DGSJFP resolution sets a binding interpretation on how art. 7.3 LPH should be applied in cases of transfer of already licensed tourist properties. The key points are:
| Question | Registrar's position (rejected) | DGSJFP criterion (upheld) |
|---|---|---|
| What date determines if authorization from the association is needed? | The date of the new statement of responsibility after the change of ownership (2025) | The date of the original license (2023, before April 3, 2025) |
| Does property transfer generate a new license? | Yes, for purposes of art. 7.3 LPH | No. Change of ownership does not create a new license |
| Is authorization from the homeowners' association required? | Yes, as it is considered a license after April 3, 2025 | No, because the license is before that date |
| Can the registrar suspend the assignment of the unique registration number? | Yes, due to lack of community authorization and proof of change of ownership | No, in this specific case |
Art. 7.3 LPH, introduced by LO 1/2025, requires that tourist use properties have express authorization from the homeowners' association when the license is after April 3, 2025. The DGSJFP clarifies that this requirement is not triggered by the mere fact that the owner changes: what matters is when the license was originally obtained.
Economic and operational impact
This resolution has direct consequences in the market for buying and selling tourist properties:
- Legal certainty in transactions: Buyers of tourist properties licensed before April 3, 2025 can register the activity without needing to obtain authorization from the homeowners' association, a process that can be lengthy, costly, and in many cases impossible to obtain.
- Market value of prior licenses: Properties with tourist licenses before April 3, 2025 maintain their full operational value when transferred, as the buyer inherits the legal position of the original license.
- Reduction of registry blockages: Property registrars cannot use the change of ownership as an argument to require community authorization in these cases, eliminating an obstacle that was paralyzing purchase and sale operations.
- Risk for poorly advised transactions: Those who have abandoned a purchase or sought community authorization unnecessarily for this reason have incurred avoidable costs and delays.
Who does it affect?
- Buyers of tourist properties with licenses before April 3, 2025 who have acquired or will acquire the property after that date.
- Current property owners who have transferred or received a licensed tourist property and have encountered registry blockages.
- Property registrars, who must apply the criterion set by the DGSJFP and cannot require community authorization in these cases.
- Real estate advisors, lawyers, and agents who manage purchase and sale operations of tourist properties in homeowners' associations.
- Investors and funds with portfolios of licensed tourist properties that are in the process of asset rotation or sale.
- Homeowners' associations that have attempted to block the registration of tourist activity by claiming lack of authorization in cases of change of ownership.
Practical example
Casagrande Properties LTD acquires in 2025 a property in Santa Pola that had a tourist license since 2023. After the purchase, it submits a new statement of responsibility to the registry to obtain the unique short-term tourist rental registration number.
The Property Registrar of Santa Pola no. 1 suspends the assignment citing two reasons: that no document proving the change of ownership of the license has been provided, and that the new statement of responsibility is equivalent to a license after April 3, 2025, so express authorization from the homeowners' association would be necessary.
Casagrande Properties LTD appeals to the DGSJFP. The resolution upholds the appeal: the original license is from 2023, before the April 3, 2025 cutoff, and the property transfer does not generate a new license for these purposes. The registrar must assign the unique registration number without requiring community authorization.
This case is replicable in any purchase and sale operation of a tourist property licensed before April 3, 2025 throughout Spain.
What should property owners do now?
- Verify the date of the original license of the tourist property you have bought or are buying. If it is before April 3, 2025, you are protected by this criterion.
- Keep the documentation of the original license (date of issuance, file number) and present it to the registry along with the statement of responsibility. It is your main argument against any negative qualification.
- If the registrar has suspended the assignment of the unique registration number citing lack of community authorization due to change of ownership, appeal citing this DGSJFP resolution of March 19, 2026 (BOE of July 9, 2026, reference BOE-A-2026-14977).
- If you are a real estate advisor or agent, incorporate this resolution into your due diligence in purchase and sale operations of tourist properties: the date of the original license is critical data that must be verified before closing.
- If you are an investor with a portfolio of tourist properties, review which assets have licenses before April 3, 2025: their transfer value is higher because the buyer will not need community authorization to operate.
Frequently asked questions
What happens if I buy a tourist property licensed before April 3, 2025: do I need authorization from the association?
No. According to the DGSJFP resolution of March 19, 2026, the date that determines whether authorization from the homeowners' association is needed is that of the original license, not the change of ownership. If the license is before April 3, 2025 (the date of entry into force of art. 7.3 LPH introduced by LO 1/2025), such authorization is not required even if the property transfer occurred after that date.
Does the change of ownership of a tourist license generate a new license for purposes of art. 7.3 LPH?
No. The DGSJFP explicitly clarifies that the property transfer does not generate a new license for purposes of the homeowners' association authorization requirement introduced by LO 1/2025. The change of ownership does not modify the date of the original license.
Can the registrar suspend the assignment of the unique tourist rental registration number due to lack of community authorization if the license is before April 3, 2025?
No, according to the criterion set by the DGSJFP in this resolution. The Santa Pola no. 1 registrar suspended the assignment to Casagrande Properties LTD for this reason, but the DGSJFP upheld the appeal and made clear that this requirement does not apply when the original license is before April 3, 2025.
What should I do if the registrar has denied me the unique registration number claiming I need authorization from the association due to the change of ownership?
You can appeal the registrar's qualification note to the DGSJFP, citing this resolution of March 19, 2026 (BOE of July 9, 2026, reference BOE-A-2026-14977). You must prove that the original license of the property is before April 3, 2025.
Since when does the requirement for authorization from the homeowners' association for tourist rental apply?
The requirement for express authorization from the homeowners' association for tourist use properties was introduced by LO 1/2025 through the new art. 7.3 of the Horizontal Property Law, effective April 3, 2025. It only affects licenses obtained from that date onwards, not earlier ones even if the property changes hands.
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-2026-14977