The General Directorate of Legal Security and Public Faith of the Government of Spain has confirmed that an apartment in Torrevieja cannot obtain the mandatory tourist registration number required to operate as a short-term rental. Without this specific number, the property cannot be advertised on any platforms or carry out tourist activities, resulting in a complete halt to its operations.
The official ruling analysed the case file and concluded that three essential requirements were breached: registered ownership, the date of the tourist licence, and a lack of explicit authorisation from the community of property owners.
The applicant was not the registered owner of the property. The Property Registry verified that the flat remains registered under another person’s name and that the applicant failed to prove ownership or provide valid representation to request the tourist registration number. The ruling explicitly states that there is no registered title civilly enabling the intended purposes.
This violates a basic rule of the registry system, where only the registered owner or an accredited representative can request an entry in the Registry. Although the applicant claimed to have purchased the flat via a private contract, the General Directorate noted that such a document has no effect on the Registry unless it is made public and officially registered.
Furthermore, the tourist licence for the apartment was granted on 12th June 2025, falling after the enforcement of Organic Law 1/2025 on 3rd April 2025, which tightened regulations for tourist apartments within communities of owners.
Since that date, any property wishing to operate as a tourist rental must obtain the explicit approval of the community of owners, decided at a meeting and certified by the secretary with the president’s approval. In this particular case, the community merely certified that no ban existed, rather than explicitly approving the activity as required by the new legislation.
An exception exists for tourist apartments operating before 3rd April 2025, allowing them to continue without community agreement. However, the General Directorate clarified that tourist activity is only legally initiated once a licence exists. As this licence was issued later, no acquired rights apply. Although the apartment initially obtained a provisional number, the ruling confirms it cannot be maintained due to substantial defects regarding ownership and community agreement.