The Supreme re-authorizes the ban on tourist housing by neighbours
- The neighbors illegalize a tourist dwelling on Zubieta Street in San Sebastián, since its statutes prohibited such use.
The Supreme Court found it positive that in December communities could ban tourist apartments. To this end, the statutes of the community must clearly state that they prohibit all economic activity. Precisely, the court says that having tourist apartments is an economic activity, and that is why it says that it is incompatible with the statutes of the community.
This ruling establishes a jurisprudence that prevents communities that expressly have in their statutes the establishment of tourist apartments in their number. The first sentence occurred in numbers 10, 11, 12 and 13 of the Urumea promenade. Residents had been fighting in court for six years, denouncing practices contrary to their anxieties.
On this occasion, however, tourist accommodation in a luxurious Zubieta street building has been banned. The Supreme Court rejects the appeal lodged by the owner of the tourist housing, since its rules of procedure prohibit it in 1970: “Housing is considered as a family residence, and therefore cannot be occupied by its owners, relatives, tenants or third parties, without professional, commercial, industrial activity or any other use that changes the principle of “family residence”, the eleventh article states. The tourist use of this property has been approved since 2016, and since the community's rules of procedure are previously elaborated, the court has considered it illegal. It also ratifies the ruling of the Audience of Gipuzkoa in 2021, thus giving reason to the community, ordering the closure of the business.
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