SANTA CRUZ DE TENERIFE 7th Jan (EUROPA PRESS) –
The Canary Islands Vacation Rental Association (Ascav) has lodged an appeal with the Supreme Court against Royal Decree 1312/2024, dated 23rd December, which establishes the Single Rental Registry process and the Digital Single Window for Rentals to facilitate the collection and exchange of data pertaining to short-term accommodation rental services.
The association asserts that the registry set up by the Spanish Government is “in contradiction” to regulation 2024/1028 of the European Union as it “imposes a duplication of records,” which is expressly forbidden by European regulations for tourist properties.
The employers’ group emphasises in a statement that tourist properties are already listed in the relevant regional registries, asserting that requiring them to undergo another registration process, this time before the property registry, “directly contravenes the European standard that takes precedence over national regulations.”
Additionally, it argues that the contested Royal Decree violates the Spanish Constitution as the Government is assuming powers that are not assigned to it, given that autonomous communities are responsible for the regulation and verification of tourist accommodations.
Nevertheless, it highlights that the Government has instituted a system wherein property registrars (who report to the Ministry of Justice) are tasked with overseeing tourist homes, “thus infringing upon the exclusive rights of the autonomous communities.”
In light of the severity of the situation and the “irreparable harm” that the Royal Decree may inflict upon the tourist housing sector along with its direct economic repercussions across Spain, the association has urged the Supreme Court to impose a precautionary suspension until a verdict is reached.
Ascav has also lodged a formal complaint with the European Commission regarding the breach of community regulations by the central government, as it believes that Royal Decree 1312/2024 contravenes community law.
It maintains that, should the complaint be accepted for examination, Spain could face an inspection process, and if the issue is not rectified, it may even face financial penalties.
