New Restrictions On Tourist Apartment Rentals In Spain

TWO Supreme Court decisions have given neighbourhood communities the power to veto the use of homes for economic activities, including tourist rentals.

In a landmark decision, the Supreme Court has recently reinforced the power of neighbourhood communities which could impact the use of properties for economic activities, including the rental of tourist apartments, according to La Informacion.

Tourist rentals , especially in urban areas, have long been a topic of debate, with concerns about their impact on residential communities and the need for appropriate regulation.

Supreme Court Rulings Change The Landscape

On two separate occasions, the Supreme Court has upheld the rights of neighbourhood communities to regulate the use of properties within their jurisdiction.

The first case involved a community in Oviedo in Asturias, where the court ordered the discontinuation of tourist rentals in two apartments.  The case cited a clause in the community’s statutes that limited the use of homes to purely residential purposes.

The second case, originating in San Sebastian, dealt with the annulment of a prohibition on such rentals established by a building’s developer.

Understanding Implications Of Community Statutes

These rulings underscore the importance of being familiar with the statutes of one’s neighbourhood community.

The Court’s interpretation categorises tourist rentals as economic activities, which are subject to statutory prohibitions if deemed commercial, professional, or business-related.

This perspective is pivotal in understanding the balance between individual property rights and community regulations.

The Broader Impact On Property Management

The decisions by the Supreme Court set a significant precedent in the management of property and their coexistence within neighbourhood communities.

They highlight the delicate balance that must be struck between the rights of individual property owners and the collective rules established by communities to maintain residential harmony.