Palma de Mallorca
The prohibition of tourist rental in Palma flats is illegal. The Superior Court of Justice of the Balearic Islands (TSJIB) has issued a ruling in which authorize this activity and says that the ban violates European directives, state legislation itself and is disproportionate and unnecessary.
The Association of Apartments and Seasonal Rental Housing (Habtur) filed an appeal against the prohibition approved by the council and the Court now agrees. The ruling says that the absolute prohibition of vacation rental in flats “does not appear as weighted with the purposes alleged by the City Council.”
However, according to the City Council, everything will remain the same in the Balearic capital. According to the mayor, the socialist José Hila, and later confirmed by the City Model Councilor, Neus Truyol, the council will appeal the sentence to the Supreme Court and, if the judicial criterion is maintained, it will continue to prohibit vacation rentals in multi-family “Because the regulations of the Consell de Mallorca would come into force.”
«When appealing the sentence, the zoning will continue in force, and in the event that the appeal is not successful, it is already planned that the tourist regulations of the Consell de Mallorca will be applied, which says that if a zoning declines or is not done, only the rent in single-family homes and apartments will be allowed in that municipality. couplets, that is to say what we have in Palma », explained Hila. “The sentence will not affect the city because we will appeal it since we understand that it has an eminently neoliberal and deregulating character,” Truyol added.
For her part, the manager of Habtur, Maria Gisbert, has positively valued the sentence although she recalled that it still cannot be applied “because the judicial process is not exhausted.” “City Hall you have one month to appeal in cassation, although what I should do is sit down with Habtur to talk about a fair regulation, “he added. Speaking to IB3 TV, he stressed that the ban has not had a positive effect on rental prices in Palma and has denied that tourist rental is “a real problem” because it only represents 1.9% of the total park in the city .
Despite the ruling against the interests of the City Council, the TSJIB recognizes that the consistory has powers to take this measure: «The Municipal Corporation has adjusted to the competence and procedural rules contained in a legal norm subsequent to the laws cited as violated , which is coordinated with them, also constituting a special and specific regulation of the management of administrative control ”. Likewise, the judgment rules out that errors have occurred in the processing of the rule.
On the other hand, the TSJIB does agree to impose limitations on the tourist marketing of homes in saturated areas, such as Playa de Palma, where only allows rental for a maximum period of 60 days year. “It is uncontroversial that these limitations are proportionate and reasonable to the special urban planning of these sectors, together with environmental and public health reasons,” concludes the sentence.