NRUA with statutory prohibition: DGSJyFP confirms registry suspension
The Resolution of the DGSJyFP of 25 September 2025, published as BOE-A-2026-723, addresses a frequent question: what happens when, at the time of applying for NRUA, the building's deeds or statutes contain an express prohibition of tourist accommodation? The answer is direct: no NRUA is assigned while the prohibition is in force.
Factual situation
An owner with a valid tourist licence applied for the NRUA. The Registrar checked the deeds (or registered statutes) and found a clause prohibiting devotion of dwellings to «pension, hostel, tourist apartment or any similar use». Suspension. The DGSJyFP confirms it.
Legal grounds
- Article 17.12 of the Horizontal Property Act (LPH) introduced by Law 1/2025 requires community authorisation. The statutory prohibition is an a fortiori case: not only is there no authorisation, there is an active prohibition.
- Article 1.3.b) of Decree 28/2016 excludes from VUT regime dwellings in buildings whose deeds or statutes contain an express prohibition of holiday accommodation activity.
- The Mortgage Law and the Mortgage Regulation grant erga omnes effect to inscribed deeds; they bind the Registrar even if the applicant did not have actual knowledge.
What can be done
- Read the deeds carefully: the exact wording matters; sometimes the prohibition is partial.
- Date of the clause: clauses prior to certain reforms may be questioned, but the DGSJyFP today maintains their validity.
- Convene a meeting to amend the statutes: requires unanimity to remove a statutory prohibition (Article 17.6 LPH, save the special regime of 17.12).
- Document the amendment, register it, and resubmit the NRUA application.
Amending statutes is not a quick step. Unanimity (or qualified majorities depending on the case) is hard to obtain. Honest expectation management before starting is essential.
Sources
- 📜 DGSJyFP Resolution of 25 September 2025 – BOE-A-2026-723.
- 📜 Article 17.12 LPH (Law 1/2025).
- 📜 Article 1.3.b) Decree 28/2016.
- 📜 Articles 17.6 and 17.12 LPH.
Want to remove a statutory prohibition?
SALAMA LEGAL SLP prepares the meeting, drafts the agreement and registers the new statutes before resubmitting the NRUA.
Frequently asked questions
Can I obtain the NRUA without amending the deeds?
No, while the prohibition is in force and registered. The DGSJyFP confirms it: registration suspension.
What majority is needed to amend?
To remove a clause prohibiting tourist activity, unanimity is typically required (Article 17.6 LPH).
Is the clause valid if it predates 2018?
Generally yes if duly registered. The current DGSJyFP doctrine confirms its enforceability.