Last Saturday ( 22nd of December ) it was announced the Judgement from the Spanish Supreme Court ruling that Article 3.2 of the Decree 113/2015 ( of the Canarian Government ) is null and void.
You will recall that this Decree is the one that regulated Holiday Lettings within the Canary Islands and that such article is the one that forbade such lettings in the so called Touristic and mixed Areas ( thus restricting lettings to Residential Areas ).
The recent Judgment rules that such restrictions are contrary to the Free Enterprise principle contained in both the Spanish Constitution and European Rules and, furthermore, that the imposed restrictions were a non justifiable discrimination among owners.
The Judgement, which creates Jurisprudence, will back the existing Court cases and applications that this firm – in excess of 300 – has set up on behalf of various owners during the last months. All these cases and applications should now prove successful and the strategy that we set up on behalf of our clients, correct.
The practical implications of the Judgement, in both touristic áreas ( Playa Blanca, Puerto del Carmen ) and mixed type urbanizations ( Costa Teguise ) are enormous and we would urge those clients to wish to legalise their situation to make contact with us as son as possible.
This matter is, in our view, extremely urgent and should be addressed before the Canarian Government – bound to issue another Decree fairly soon, places yet more restrictions that would – yet again – need to be contested through the Courts.
We now have an unique window ( for how long ? ) during which legalization can and should be obtained ( providing that all other legal requirements are met ).