The Chamber has ruled on two complaints filed by a community from San Sebastián and another from Oviedo (Asturias). In this way, the Supreme Court finds that the rental of housing for tourist use is an economic activity, and that communities can expressly prohibit it.
The Supreme Court has endorsed it veto of tourist apartments in the neighborhood communities that expressly prohibit in their statutes the use of housing for exercise an economic activityincluding the rental thereof for tourist use.
The court analyzed two lawsuits, one of which was filed by several homeowners San Sebastian Buildingand clarifies that in none of the cases examined is it a matter of application of the Horizontal Property Law, which provides that the agreement limiting or conditioning the exercise of this activity requires the favorable vote of three-fifths of the owners, but rather to determine whether there is one in the community statutes ban on allocating apartments for tourist use.
Several homeowners of a building in San Sebastián have taken their community to court to annul the ban included in the developer’s building regulations and included in the purchase and sale contracts for houses, which stipulated that the realization of economic activity unless the portal sub-community itself does so. approved unanimously.
In this sense, the Chamber emphasizes that “the rental of housing for tourist use is an activity included in the legal prohibition, as it concerns an economic activity, comparable to the economic activities listed, by way of example, in the statutes. they are characterized by a use other than housing and have a commercial, professional or business component.”
In a second casethe court agrees with a community of property owners Oviedo (Asturias) and orders the cessation of tourist rental activities on two floors of this 20-storey building.
The court explains that there is a legal prohibition, the validity of which is not disputed, according to which no professional, business, commercial or commercial activities of any kind may be carried out in the homes, reserving their use to residential use only.
According to the Court, the activity carried out on the two floors of the building “has a business and commercial character, offered by a commercial enterprise, and therefore we must agree with the plaintiff in the sense that a legal prohibition has been registered , which prohibited the zoning of the above-mentioned properties as residential properties for tourist use.
Source: EITB
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