The High Court agrees on the limitation of residential properties used as holiday homes

The Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands has upheld an appeal from the City Council of Las Palmas de Gran Canaria, considering the prohibition of holiday homes in residential buildings that do not meet certain requirements to be legal.

The Chamber agrees with the city council by sharing the arguments that the local government presented against a judgment of December 2020, contrary to a resolution of the General Directorate of Building and Activities of March 11, 2019, that requested the stoppage of the activity as a vacation home of a property located on the Paseo de Cayetano de Lugo.

The judgment of the TSJC coincides with the positions of the City Council when assessing that the house sanctioned by the corporation was carrying out a “holiday activity” in an "irregular and clandestine manner” since its implementation in the location where it is situated is not viable.

The original resolution of the General Directorate of Building and Activities occurs when it is understood that the holiday home activity was taking place in a space that did not comply with the regulations, since it was located on a ground floor.

In this regard, Edificación y Actividades stressed in the March 2019 resolution that Cayetano de Lugo's home violated the regulations that "prohibit its location on a ground floor or below the floor of the house." In addition, its condition as a holiday home is added to a building classified for residential use, therefore it could not be let for tourist use.

The first sentence, which was due to an appeal by the owner of the property, had a semantic controversy, since according to the City Council it had acted in accordance with the General Planning Plan, applying the regulations relating to the particular conditions of the Tourist Accommodation category.

In the judgment of December 2020, in which the ruling was contrary to the Las Palmas de Gran Canaria City Council, it was explained that a residential home could not be classified as use for tourist accommodation.

In its ruling, the TSJC requests the voluntary stoppage of the vacation activity in the Paseo de Cayetano de Lugo property, also warning the owner that if he does not do so within two days, the building will be sealed, with a fine of 1,000 euros.

This decision of the Chamber sets a judicial precedent in which the City Council of Las Palmas de Gran Canaria, and other councils in other areas and on other islands, will be able to refer to and apply on future occasions in which this controversy occurs between residential and tourist use of properties.