He Superior Court of Justice of the Canary Islands (TSJC) has confirmed what was expected after the previous pronouncements of the same Chamber in which it agreed to the precautionary suspension of the prohibition of the use as a holiday home to different owners of flats in areas like Tabaiba and Radazul by the administrations and that had been reiterating in recent times.
Basically, the legal conflict at hand consists of the fact that these owners found it impossible to continue using their properties for this purpose, given that the Island Council of Tenerife revoked the enabling titles that had been granted to them at the time. Said supervening prohibition was produced by the issuance of different reports from the El Rosario City Council in which it was asserted that the vacation rental activity was expressly prohibited by the application planning, which certainly had the approval of one of the parties in the first instance. courts.
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However, thanks to the appeals submitted to the TSJC, the precautionary suspension of the application of such sentences confirming the prohibition was achieved, and now the opinion of the Canarian High Court on the merits of a problem that has people in suspense is known. that, even, they do not have sufficient other income to even face the maintenance expenses of the same, and in case of not being able to give them that vacation use, they were forced to sell them sooner rather than later.
Of course, the TSJC has expressed itself emphatically about this relevant decision, since in the new sentence, issued by the Second Chamber of Administrative Litigation, a paragraph is included that leaves no room for doubt about the decision of the magistrates: “What is inadmissible is that (…) the reports of the Cabildo pass the principle of legality everywhere.”
This is relevant because these judges recall that, when these changes took place in 2005 on subsidiary regulations in the planning of El Rosario, “neither the City Council nor the Ministry even considered considering vacation rental as a tourist activity, since neither the They do not mention it, nor do they collect it, nor limit it as such. Ergo, the scope of the prohibition did not extend to said vacation rentals ”, now explains the TSJC.
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For this reason, the reasoned cause to prohibit this use as a holiday home falls, a veto that will have to be sustained in the future after modifying the El Rosario land use plan, which, as is known, takes a considerable time to be approved.
Talking with the lawyer specializing in these cases, Francisco Gutiérrez León, from the Medina&González Abogados law firm, which represents more than a dozen affected owners of the Tabaiba and Radazul nuclei and which has led to the filing of so many lawsuits in this regard. , was pleased that, as had already happened with its successful appeals to temporarily paralyze what was dictated in the first instance, “the TSJC has shared the arguments that we presented at the time, understanding that the prohibition that the ban that The administration had imposed on our clients to give their properties that vacation use that they had been exercising.
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Although he did not want to go into details to preserve the data of some of these clients, Gutiérrez acknowledged that “in some cases this matter is of enormous importance for those affected who have seen an essential source of income cut off for their economy and the damages are considerable for them by not being able to balance their accounts while the courts do not agree with them.
