Urban leases

The General Directorate of Legal Security and Public Faith (DGSJFP) has decided that a home cannot be registered for short-term tourist rental if the statutes of the owners' community expressly prohibit it. In this case, the owner of an apartment wanted to register her home as a tourist rental, but the registrar denied it because the community's statutes only allow for residential use and prohibit any commercial, industrial, or professional activity.

The owner argued that renting the home for short periods is not a commercial activity, but rather remains a residential use. However, the DGSJFP has made it clear that, although renting a primary residence is protected and cannot be prohibited by the statutes, tourist rental is different. This type of rental is considered an economic activity, as it involves the temporary transfer of the home for profit-making purposes and its marketing on tourist platforms.

Therefore, if the community's statutes prohibit commercial or similar activities, that prohibition is valid and sufficient to prevent tourist rental, even if not explicitly mentioned. Additionally, for this prohibition to be effective against third parties, it must be registered in the Property Registry. Therefore, if you live in a community where the statutes prohibit this type of activity, you will not be able to register your home as a tourist rental, even if you only use it for short stays.