NRUA and statutory prohibition of «pension»: the matrix binds independent units
One frequent issue in horizontal property is the relationship between the matrix deed of the building and the statutes of each independent unit. The DGSJyFP, in its Resolution of 26 September 2025, has clarified that a statutory prohibition of «pension» (or analogous tourist accommodation) recorded in the matrix deed binds all independent fincas, even if not literally repeated in each one.
Factual situation
The matrix deed of a building included an express clause prohibiting «pension or analogous activity» in any of its units. An owner of one of the independent units applied for NRUA arguing that her unit's statutes did not literally reproduce the prohibition. The Registrar suspended assignment. The DGSJyFP confirms it.
The principle of integrity of horizontal property
The Resolution invokes the principle that horizontal property is a coherent legal system: the matrix deed and the independent units' statutes form an integrated whole. Once a clause is recorded in the matrix deed, its effect radiates to all derivative units, even those that registered their own statutes later, unless those statutes expressly override it.
- The matrix prohibition operates per se: it does not need to be repeated in each finca.
- Removing it requires unanimity at the homeowners' meeting and an amending deed.
- The Registrar checks both the matrix and the individual finca records.
«Pension» is not the same as «holiday-let dwelling». Some courts distinguish between traditional pension and modern VUT, but the current DGSJyFP doctrine treats the prohibition as covering all analogous accommodation activities. The strategic option is statutory amendment, not interpretation in court.
What can be done
- Review both the matrix deed and the individual finca records.
- Identify the exact wording (some clauses cover «pension» only, others «any tourist accommodation»).
- Assess viability of community agreement to amend.
- Document the amendment, register and resubmit NRUA.
Sources
- 📜 DGSJyFP Resolution of 26 September 2025.
- 📜 Article 17.6 LPH (statutory amendment).
- 📜 Article 1.3.b) Decree 28/2016.
Need to assess the impact of the matrix deed on your VUT?
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FAQ
If my unit's statutes do not repeat the prohibition, can I escape it?
No. The matrix prohibition binds even if not literally repeated.
What if my licence is pre-Law 1/2025?
The statutory prohibition rule applies regardless of the licence date.