Appeal against the denial or withdrawal of a tourist rental licence
For property owners who need to challenge an administrative decision that refuses, revokes, cancels or does not recognise the licence or registration of their tourist rental.
Analyze my case without obligationWhen the administration closes the door on your licence
An unfavourable decision on your licence is not necessarily final. Before deciding anything, you need to analyse what has been decided, on what grounds and within what deadline you can act.
Refusal of the application
Review of the reasons for the refusal, the documentation submitted and the urban plan applicable to the property.
See licences →Withdrawal, cancellation or deregistration
Review of decisions that cancel a licence or a registry entry, and of the procedure followed.
See appeal routes →Court annulment or expiry
Analysis of licences affected by annulment rulings or by validity periods, and of the options available.
Read analysis →Administrative silence
What to do when the administration does not respond to the application or the appeal, and how this affects deadlines.
See administrative silence →How a decision on a licence is challenged
Against an express decision, a reconsideration appeal can be filed if it exhausts administrative channels, or an alzada appeal if it does not; both within one month of notification. You can also go directly to the contentious-administrative courts within two months. If the administration does not respond, silence has different effects depending on the case and its own deadlines. The administrative appeals guide explains each mechanism.
On the merits, we review the reasoning of the decision, whether the required conditions were met, whether the rule or urban plan invoked applied on the date of the application, whether the procedure and the hearing stage were respected and, in withdrawals, whether there was a legal ground to cancel the licence. We also assess requesting interim measures where immediate enforcement would cause harm that is hard to repair.
The situation of licences changes often because of recent rules and rulings. For example, it is worth reviewing the five-year validity regime in Catalonia and the cancellation of licences in Barcelona. If you are looking for information on how to apply for or transfer a licence, see the page on the tourist rental licence lawyer.
How we approach the case
Read the decision
What is decided, on what grounds, who issued it and whether it exhausts administrative channels.
Check the file
Application, documentation, hearing stage, reports and relevant dates.
Choose the route
Reconsideration, alzada or contentious-administrative appeal, with a request for interim measures where appropriate.
Follow-up
Support until the appeal or the judgment is resolved.
Frequently asked questions
Yes. Any administrative decision can be challenged through the routes set out by law. Whether the appeal succeeds depends on the reasons for the refusal and the file, and cannot be guaranteed in advance.
As a general rule, one month for a reconsideration or alzada appeal and two months for a contentious-administrative appeal from notification of an express decision. If there was silence, the deadlines are different. It must be checked against the specific case.
Administrative silence can have different effects depending on the applicable rules, and it does not always amount to an authorisation. It is worth reviewing what effect it has in your case before starting or continuing the activity.
It depends on the decision and on whether its enforcement is suspended. You should not assume that appealing allows you to continue the activity, since doing so without cover can lead to penalties. It is best to seek advice first.
The decision with its notification, the original application and the documents submitted, the title deed or land registry extract, and any communication with the administration.