Key data
| Regulation | Resolution of 13 February 2026, from the General Directorate of Legal Security and Public Faith (DGSJFP) |
|---|---|
| Publication | 5 June 2026 |
| Entry into force | Not specified |
| Affected parties | Owners and managers of properties without horizontal division requesting short-term rental number |
| Category | Real estate |
| Reference regulation | Royal Decree 1312/2024 |
| Source | BOE-A-2026-12145 |
If you own an entire building without horizontal division and want to rent individual apartments on platforms like Airbnb or similar, the Madrid Property Registry No. 27 was denying you the unique registration number for non-tourist short-term rental. The General Directorate of Legal Security and Public Faith (DGSJFP) has resolved this blockage through a resolution of 13 February 2026, published on 5 June 2026 in the BOE (reference BOE-A-2026-12145).
The registrar suspended the assignment citing two reasons: that the property was not constituted under a horizontal property regime and that it lacked an individualized description of the dwellings. The DGSJFP has upheld the appeal and made clear that neither of these two reasons is valid for denying the assignment.
What does this regulation establish?
The resolution clarifies three key points on how Royal Decree 1312/2024 should be applied regarding short-term rental registration:
| Issue | Registrar's position | DGSJFP criterion |
|---|---|---|
| Is horizontal division necessary? | Yes, required horizontal property regime | No. RD 1312/2024 does not require it |
| Is an independent registration folio necessary? | Yes, required individualized registration description | No. Independent folio per unit is not required |
| How is the leased unit identified? | Only through its own registration inscription | Through cadastral data, new construction description or other equivalent means |
The DGSJFP adds a relevant interpretive criterion: the principle of registration specialty does not apply with the same intensity to these auxiliary administrative entries as to real property rights inscriptions. That is, the identification standard required to obtain the rental number is lower than that required to register a property.
Economic and operational impact
The practical impact of this resolution is direct for any owner or manager of real estate assets operating or wanting to operate in the short-term rental market:
- Immediate operational unblocking: Entire buildings without horizontal division can now request the unique registration number for each functional unit they wish to rent, without needing to previously undertake a horizontal division (a costly and slow process).
- Savings in notarial and registration costs: Establishing a horizontal property regime involves notarial deed, tax settlement and registration. Avoiding this procedure means significant savings per building.
- Access to digital platforms: Without the unique registration number, short-term rental platforms cannot publish the listing. Denial of the number directly blocked commercialization.
- Legal certainty for investors: Owners of investment buildings who acquired undivided properties can now plan their short-term rental exploitation without registration uncertainty.
Who does it affect?
- Owners of entire buildings without horizontal property regime who want to rent individual units on digital platforms.
- Real estate asset managers and property managers managing undivided investment buildings.
- Real estate investors who have acquired complete buildings for short-term rental exploitation.
- Legal advisors and administrative managers who process unique registration numbers before the Property Registry.
- Property registrars applying similar criteria to that of Madrid No. 27 in other jurisdictions.
Practical example
A Madrid owner has a six-story building with twelve apartments, acquired as a single property without horizontal division. He wants to list two of those apartments on a non-tourist short-term rental platform.
Before this resolution: the Property Registry denied him the unique registration number arguing that there was no horizontal property or individualized registration description of each apartment. To be able to operate, he would have needed to establish the horizontal property regime through a notarial deed and registration inscription, with the associated costs and timelines.
After this resolution: the owner can prove the identification of each functional unit through cadastral data (cadastral reference of each apartment) or through the new construction description that appears in the Registry. With that documentation, the Registry must assign him the unique registration number for each unit. He does not need to horizontally divide the building.
What should companies do now?
- Review denied applications: If the Registry denied you the unique registration number citing lack of horizontal division or individualized registration description, you can appeal based on this DGSJFP resolution.
- Prepare cadastral documentation: Obtain the individualized cadastral reference for each functional unit you want to rent. The Cadastre's electronic office allows you to download the descriptive and graphic cadastral certification of each property.
- Review the new construction deed: If the building has a new construction description registered in the Registry, verify that it contains the characteristics of each apartment. That description may be sufficient as an equivalent means of identification.
- Submit new application to the Registry: With the cadastral or new construction documentation, submit a new application for assignment of the unique registration number for each unit, expressly citing the DGSJFP Resolution of 13 February 2026 (BOE-A-2026-12145) and the RD 1312/2024 criterion.
- Inform your legal advisor: If you manage multiple buildings, coordinate with your advisor to review all affected properties to prioritize those with the greatest potential for short-term rental exploitation.
Frequently asked questions
Can the Registry deny me the short-term rental number if my building has no horizontal property?
No. The DGSJFP has expressly resolved that RD 1312/2024 does not require the building to be constituted under a horizontal property regime nor that an independent registration folio exist for each unit. The denial by the Madrid Property Registry No. 27 was upheld as improper in the resolution of 13 February 2026.
What documents do I need to identify the unit if there is no horizontal division?
According to the DGSJFP, sufficient identification of the functional unit leased can be proven through cadastral data (cadastral reference of the apartment), new construction description registered in the Registry or other equivalent means. An independent registration folio is not necessary.
What is the unique short-term rental registration number and what is it for?
It is the identifier required by RD 1312/2024 to be able to publish and market a property on non-tourist short-term rental digital platforms. Without that number, platforms cannot register the listing. It is assigned through the Property Registry.
Does this resolution affect only Madrid or all of Spain?
The resolution resolves a specific appeal against the Madrid Property Registry No. 27, but the DGSJFP's interpretive criterion on RD 1312/2024 is of general application. Any registrar applying the same denial criterion can be appealed on the same grounds.
Do I have to do the horizontal division before requesting the rental number?
No. The DGSJFP has clarified that horizontal division is not a prerequisite for obtaining the unique registration number for non-tourist short-term rental. It is sufficient to adequately identify the functional unit through cadastral data or other equivalent means recognized in the resolution.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-12145