The Contentious-Administrative Court number 3 of Las Palmas has annulled a resolution of the Cabildo of Lanzarote and has recognized the right of the owners of a tourist villa to the delivery of the inspection book and complaint forms, documentation necessary to rent the property for tourist purposes.
In the ruling, dated October 15, the Court believes that it is "sufficient" to make the responsible declaration to obtain the requested documentation and the prior administrative authorization referred to by the Cabildo of Lanzarote to rent this villa to tourists is not required. Furthermore, according to the defense of the property owners, "this authorization could not be requested because the Canarian moratorium was in effect."
The ruling, which can be appealed, dictates that the rental activity, being a service, does not require administrative authorization in application of the European Directive known as Bolkestein and the State Law 17/2009.
"It is an activity that does not require administrative authorization"
In addition, the ruling recalls that the reform of article 13 of the Law on Tourism Planning in the Canary Islands was carried out, the first section of which states that "the establishment and exercise of tourist activity is free without further limitations than those established in this Law and in the others applicable in its specific regulation."
But another article also states that "the construction, expansion, rehabilitation and opening of tourist accommodation establishments will be subject to administrative authorization when, for environmental or land planning reasons, the creation of a new tourist accommodation offer is legally or regulatorily restricted or limited and, especially, whenever these limitations are justified in the territorial planning, taking into account the carrying capacity of the islands."
"Based on this, the Government of the Canary Islands has been approving successive moratoriums that prohibited granting administrative authorizations for this purpose and prevented the real application of the freedom of services." Now this ruling affirms that the moratorium cannot affect the tourist rental activity, since it is an activity that does not require administrative authorization", explained the defense of the owners of this villa.
Therefore, the Contentious-Administrative Court Number 3 of Las Palmas has annulled the resolution issued by the Cabildo on June 20, 2013, has recognized the right of the appellants to the delivery of the requested documentation and has condemned the First Island Administration to the payment of court costs.
14 procedures
This is not the only procedure of a tourist villa that is already in the judicial sphere. Currently there are 14 other procedures identical to this one, which are processed before the courts of Las Palmas representing 120 owners.
"They are owners of villas, both Spanish and foreign, who instead of complying with the criteria of the councils that, obeying the instructions of the Government of the Canary Islands, systematically refused to provide the necessary documentation to rent their villas in the tourist market, went to the courts to recognize their rights in application of European regulations", said one of the lawyers who handles these procedures.
The lawyers who defend the owners, that is, Eileen Izquierdo Lawlor, Mario Izquierdo Lawlor and Jorge de la Cueva Terrer, highlight the importance of this ruling because the magistrate even resolves "that there is no doubt about the application in the Canary Islands of the European Directive on Freedom of Services", given the possibility that these lawyers would initiate a preliminary ruling before the European Court to determine the application of this directive. "There is no doubt for this judge about the application of the same, hence the unnecessary raising of the preliminary question of interest, as even the administration recognizes", it is stated in the ruling.
For them, this ruling is a matter of "utmost importance" as it represents a "respite" for thousands of owners who rent their homes "under the threat of sanctions", as it opens the possibility of legalizing their situation. In addition, "it questions the precept of the new Tourism Law of May 2013 which, contrary to what was ruled in the ruling, establishes the need for administrative authorization for all tourist activity in the Canary Islands", says one of the lawyers.
