The Second Section of the Contentious-Administrative Chamber of the High Court of Justice of the Canary Islands has sent a request to the mayor of Yaiza ordering him to inform the Chamber of the "status of the procedure initiated, expected execution period and the reasons why since 2020, the partial demolition of the Son Bou Hotel has not been able to be carried out to comply with the execution of the October 31, 2005 ruling".
As will be recalled, this hotel, owned by Juan Francisco Rosa, had its license revoked for violating both urban planning regulations and the requirements to obtain the license, since it tripled the permitted building volume.
The Yaiza City Council in January 2016 ordered the "total or partial" demolition of the Son Bou hotel, a decision adopted by the municipal Governing Board.
To avoid the demolition, the developer had to try to legalize the hotel by obtaining a new license. However, the City Council concluded that it was impossible to legalize the establishment and grant it a new permit, since what was built "triples" the permitted building volume. "It failed to comply with the regulations for granting the license and it fails to comply now," they specify from the City Council, clarifying that not even with the "incentives" contemplated in the new Yaiza General Plan, which allows expanding the building volume in certain cases, could this hotel be legalized.
For that reason, the City Council ordered the demolition of all or most of the establishment, until "restoring the altered physical reality." In the event that Rosa opts for a partial demolition, she would have to demolish "the part incompatible with the ordinance," which could mean the demolition of two-thirds of the hotel.
Therefore, it will be the developer who has to propose a demolition plan, leaving only one third of what is currently built, which is what the regulations would allow. Then, in the event that the developer opts for that demolition of most of the hotel, he would have to request a new license to legalize the part that remains standing.