NRUA and subsequent statutory prohibition: the DGSJyFP confirms it does NOT apply retroactively to VUT already registered
The DGSJyFP Resolution of 1 December 2025 —Resolution No. 260, BOE-A-2026-5798— addresses an essential question for holders of VUT already registered: can a subsequent statutory prohibition apply retroactively to block the NRUA? The DGSJyFP answer is clear: no.
The case
A homeowners' community amended its statutes to include an express prohibition of tourist use, after a VUT was already registered. The Registrar denied the NRUA based on the new clause. The DGSJyFP overturns the negative qualification: the prohibition cannot apply retroactively.
The legal reasoning
- Amendments are clarifying and restrictive pro futuro: the new statute operates for the future, not the past.
- Respect for pre-existing rights: holders who started the activity under the prior regime have acquired a legal position that cannot be eliminated unilaterally.
- Compatible with Article 17.12 LPH: that provision applies to licences obtained after 3 April 2025; non-retroactivity of statutory amendments applies on a different plane.
The Registrar must compare the VUT registration date with the date of the statute amendment. If the VUT is earlier, the prohibition does not apply.
Defence documentation
- Tourism Registry certificate with the VUT registration date.
- Minutes of the homeowners' meeting with the amendment date.
- Land Registry inscription of the amendment, if any.
- Continuous-activity evidence (bookings, income).
- Allegations expressly invoking Resolution No. 260 / BOE-A-2026-5798.
NRUA suspended due to a later prohibition?
SALAMA LEGAL SLP analyses chronology and prepares the allegations.
FAQ
Does a subsequent prohibition affect an already-registered VUT?
No. Resolution No. 260 (BOE-A-2026-5798) confirms that the amendment operates pro futuro and respects pre-existing situations.
What chronology does the Registrar verify?
VUT registration date vs. amendment date. If the VUT is earlier, the prohibition does not apply.
How does this coexist with Article 17.12 LPH?
They are compatible: 17.12 LPH applies to licences post-3-4-2025; non-retroactivity applies to later amendments versus earlier registrations.