The Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands ruled on June 29 that the company Autos Famara SL can operate a holiday home in a Bungalow on Famara Beach even if there are apartments for tourist operation in the same space.
On October 21, 2019, the Cabildo of Lanzarote declared the operating entity the impossibility of continuing with the holiday home activity that it had been developing in one of the Famara bungalows, understanding that it was incompatible with the operation of the tourist apartments already authorized to the company Bungalows Playa Famara SL in this space.
Not in accordance with the resolution, the entity Autos Famara SL decided to file an appeal for reconsideration before the institution, which was rejected. Following this first attempt, it then went to the Contentious-Administrative Court number 3 of Las Palmas de Gran Canaria, which also dismissed its appeal in March 2021. After that, it was the TSJC chamber that sided with Autos Famara SL and determined that it can operate the property located on Chibusque Street as a holiday home.
The TSJC's resolution now considers that the arguments used in the judgment that confirmed the revocation of the house as a holiday home "do not conform to the reality of the facts proven in the process nor are they in accordance with the law and violate not only the regulations governing the activity, but also the constitutional precepts."
"It is not possible to confuse the tourist establishment Apartamentos Famara," which operates the holiday home, "with the Urbanización Island Homes, as within this urbanization there are plots for tourist use and plots for residential use in the single-family housing mode," the judgment states.
The Chamber concludes that, for the property on Chibusque Street, there is "no impediment, from the point of view of the principle of unity of operation," for the property of Autos Famara SL "to be operated as a holiday home." Thus, it recognizes its right for the administration to register this space in the Registry of holiday homes.
At the same time, it imposed on the Cabildo of Lanzarote the payment of costs, with a maximum limit of 1,000 euros.
