A resolution of the Directorate-General for Legal Certainty and Public Faith, published in the BOE on 23 May 2026, examines a Barcelona case where condominium statutes expressly made tourist apartment activity subject to owners' approval.
What did the statutes say?
The clause provided that certain activities involving tourist apartments required prior approval by the majority specified by the condominium.
Why does it matter?
The resolution shows that owners cannot look only at municipal rules before starting a tourist activity. Registered condominium statutes may contain relevant restrictions.
Obtaining and reviewing the statutes and the history of relevant owners' resolutions can prevent an investment based on a tourism use that is not legally viable.
How does this relate to registration?
When a short-term rental registration number is requested, the land registry assessment may take registered condominium restrictions into account. The resolution must be understood within the legislation and case law applicable at the time.
Owner checklist
- Condominium deed and statutes.
- Recent relevant owners' resolutions.
- Tourism licence or authorisation.
- Municipal planning rules.
- Land-registry status.
The interaction between condominium law, planning and tourism regulation makes a comprehensive legal review advisable before starting or acquiring a holiday-rental activity.
Frequently asked questions
Can condominium statutes stop a tourist rental?
They can be relevant. The resolution published in the BOE on 23 May 2026 examined a Barcelona case where the statutes made tourist apartment activity subject to owners' approval. Owners cannot look only at municipal rules: registered condominium statutes may contain restrictions.
What should I review before buying a property for tourist use?
The condominium deed and statutes, recent owners' resolutions, the tourism licence or authorisation, municipal planning rules and the land-registry status.
Is a municipal licence enough?
Not on its own. Condominium law, planning and tourism regulation interact, which makes a comprehensive legal review advisable before starting or acquiring a holiday-rental activity.
Sources
This article is based on the following public and official sources: