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The Supreme Court limits the scope of the urban planning competence of local councils with regard to the regulation of housing for tourist use

In its judgment no. 1550/2020 of 19 November, the Supreme Court has ruled on the scope of the urban planning competence of local councils with regard to the regulation of housing for tourist use in general urban development plans, when the exercise of this competence restricts the freedom of enterprise and the freedom to provide…

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The Supreme Court considers it illegal to prohibit the establishment of housing for tourist use in certain areas of the Canary Islands because it violates the principles of necessity and proportionality established in the Market Unity Guarantee Act, as well as the Services Directive and the Law on free access to service activities and the exercise thereof.

In the judgment of 12 December 2018 (Ar. RJ\2018\5689), the High Court analyses whether the regulation of housing for tourist use in the Canary Islands is sufficiently justified and, more specifically, the restriction of uses contained in Article 3.2 of Decree no. 113/2015, of 22 May 2015, enacting the Canary Islands Holiday Rental Property Regulations…