Automatically translated from Basque, translation may contain errors. More information here. Elhuyarren itzultzaile automatikoaren logoa

We have the opportunity to solve the problem of tourist apartments in Donostia

  • The Supreme Court has definitively annulled the regulations approved in 2018, after the decision issued on January 21 by the Spanish Tourist Housing Ordinance. This decision is the result of a series of errors and misconduct by the City Hall of Donostia-San Sebastián. However, we would like to stress that the resolution opens a door to the solution of the problem we have in Donostia with tourist apartments.

10 February 2021 - 17:10

To understand where this final resolution comes from, it is worth remembering some of the following facts since 2017. In a few months the number of tourist apartments offered in the city increased dramatically. The theme was an important source of concern in the city, as well as many other consequences of the tourist attraction in general. During spring and summer the social debate was very present in San Sebastian: in friendships and in families, in the opinion sections of the newspapers, in the demonstrations and mobilizations of the street…

In the meantime, the General Urban Management Plan (PGOU) only authorized the rental of tourism in the first floors of housing buildings. At the same time, however, hundreds of tourist homes were being registered in the register that the Basque Government launched. Thus, public institutions had identified many of the weights that developed an economic activity outside the legality.

In view of this, the first answer from the City Hall was to deny the problem, as they do in the city with all the consequences of the tourist activity. But they changed their attitude to the concern and protest of the citizens: in the middle of the summer they dealt unilaterally and without debate with the municipal ordinance regulating the tourist rents in August 2017. It was definitively approved in March 2018. Since then, however, illegal apartments were not sanctioned for a few months and owners were offered every facility to access the regulations. In short, the newly repealed ordinance has been an instrument for the legalisation of illegal tourist apartments.

The process of the establishment of the Ordinance and the lack of judgment revealed in the final judgment have not been the only shortcomings that have arisen in this instrument. They wanted us to sell the ordinance as a progressive. As the main virtue of the regulations, they wished to underline the importance of town planning by area. In our view, this is a measure taken in the wrong direction, which should not be repeated. On the one hand, we understand what they call decentralization as an instrument for spreading the problem. The areas of the city (Old Part, beaches, Downtown area…) are the most attractive ones generated among tourists. Facilitating tourist rents in other neighbourhoods and areas means increasing and widening the problem and does not eliminate tourist pressures to neighbourhoods already overwhelmed by the problem. The whole city is suffering the multiple effects of the tourist attraction and this process must be limited throughout the city.

The City Hall was in charge of identifying and closing the apartments that were outside the regulations. We thought it was an established function in the right direction. However, the resources allocated to this task have not been sufficient at all. Only through citizen collaboration has it been possible to paralyse some illegal activities.

In short, through the ordinance of tourist apartments that has been in force between 2018 and 2021, the City Council has supported the use of the houses as a business at all times. It puts the right to speculation and to do business above the right to housing. And it is not a joke that we live in a city in which we live a situation of great residential emergency. Although the researchers who analyzed the case of Donostia-San Sebastián have verified that the offer of tourist apartments "increases" the prices of the rent.

In all this sad journey, no debate has been adopted. The allegations made by the Zaharrean Bizi Party Association and the Stop Evictions platform in the creation process of the ordinance were not met. No consideration has been given to the opinions and experiences of the Donostiarras. They have done everything unilaterally, urgently and covertly, because they know that there is debate and that there are not a few people who think that the location of the city is excessive.

What has happened so far, serves to prevent errors and make better decisions. To start with, we want to address some messages to the City Hall:

We have an opportunity. They publicly state their intention to reproduce the regulations of the annulled ordinance in the modification of the General Plan. It doesn't have to be that way. We believe that regulations should be laid down to limit and reduce tourist apartments. It is necessary to establish a framework that opens the door to the disappearance of this practice.

The change of attitude on this issue (and on all those related to the tourist industry) seems to us to be fundamental. The lack of transparency and participation in decision-making processes does not guarantee the general interest of citizens. The interests of the few can affect the lives of our city and its neighbours.

The weaknesses demonstrated by the disruption of tourism and the health emergency are an opportunity to rethink and re-adapt the city model of San Sebastian. It is time for a change of direction. The road to tourism growth is more necessary than ever to respond to the challenges that lie ahead.

On the other hand, we also want to send the Donostiarras some messages:

Renting homes as a tourist apartment entails an increase in the rent of those who need housing to live; to tourist the city, to expel the Donostiarras from the city and to dismantle community relations. Do not accept this practice. Don't read it if someone in our environment walks into that path. San Sebastian is not for sale.

Organize with the neighbors. Close the doors to the implementation of tourist apartments in our buildings. In each of the portals, by the majority will of the owners, the installation of tourist apartments in the building may be legally prohibited. Talk to the community of neighbors, learn about the regulations and how to make these decisions and take the step.

Let's face the housing emergency. The tourist weight is only a small branch of a much broader problem. The housing problem is diverse: homeless, expensive rentals, evictions, vulture funds, expelled from Donostia... But there are a lot of people and groups that are organized to respond to these issues: neighborhood associations, Stop Evictions, Tenants Union, Saretxe, Azora, Aloku, Office of Okupación...


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