Statutory clauses of horizontal property contrary to tourist and short-term leases in the doctrine of the Directorate General of Legal Security and Public Faith

Abstract

Although the Supreme Court, in its judgment no. 620/2026, has declared the nullity of the single registration procedure for short-term leases that intend to be advertised through digital platforms, regulated in Royal Decree 1312/2024 of December 23, considering that the State lacks the authority to establish an exhaustive regulation of a national register that overlaps with the existing regional registers regarding the registration of properties intended for tourist rentals, the doctrine of the Directorate General for Legal Security and Public Faith in its resolutions on appeals against the qualification of property registrars in the assignment of rental registration numbers is of interest, as it can serve as a reference for legal operators in relation to the statutory clauses that are considered or not contrary to tourist or short-term activity in buildings under horizontal property ownership (commonhold).