Court overturns €2,250 fine for woman in Gran Canaria fined for living in her apartment
A court in Las Palmas has annulled a €2,250 fine imposed on a 70-year-old woman for living in her apartment in Playa del Inglés instead of handing it over to be rented out as it is on a holiday complex.
This decision could be vital and set an important precedent for hundreds facing similar penalties under the Canary Islands’ tourism laws.
The case began in late 2023, when Josefa, owner of an apartment in the Las Algas complex, was fined by the regional Department of Tourism for allowing her family to use the property for extended stays. Authorities argued the apartment was designated for tourist use under planning regulations.
However, the Administrative Court ruled that the penalty raised “serious doubts of legality,” noting that from the time of construction, the building supported both residential and tourist uses, with no explicit ban on people living there. The court also found there was no evidence of active tourist operations in the complex since 2016.
Speaking after the decision, Josefa said: “Imagine being told at 70 to leave your home because it’s supposed to be for tourists, we have every right to live here. Thankfully, the justice system has protected us.”
Earlier this year, the Canary Islands government approved a decree to suspend new fines against owners living in apartments in tourist zones, but many believe this does not fully resolve the issue.
Local platforms representing affected residents continue to call for clearer protections to ensure people can legally live in their own homes without fear of future sanctions.
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