The Court Lifted the Ban on Tourist Accommodation in Palma de Mallorca
September 22, 2021
8
The judges considered that the municipal ban of 2018 is disproportionate and unnecessary.
On September 16, 2021, the High Court of the Balearic Islands lifted the ban on the provision of tourist apartments in the city of Palma de Mallorca on the grounds that it is "disproportionate and unnecessary".
The decision was made in response to an appeal filed by the Association for Temporary Rental of Apartments and Houses (HABTUR), which argued that the order was designed in the interests of the hotel industry on the popular Spanish island.
Background
Back in 2018 the mayor of Palma, Antoni Noguera, announced that his government supported a complete ban on renting housing. He said that there is nothing worse than when the residents of the city, who can't afford to stay in it because of high rental rates. According to the mayor of the city, only housing that is located in special protected areas, near airports or industrial zones had to fall under the ban.
Although the judges did not agree with either this statement or the association's claims that the ban violates the principle of equality and the right to private property, they ruled that it violates several EU laws.
The court said that the local government had banned tourist apartments throughout the city, without taking into account the differences between the districts. In addition, the municipal authorities mentioned as the justification for their ban high levels of energy and water consumption, conflicts and noise associated with the tourism sector as a whole, "without determining the parameters and harmful effects on the rental of apartment buildings by tourists".
At the same time, the court agreed that the local government of Palma imposed the ban in an attempt to protect the community, the environment and access to housing, calling it "a laudable goal that should be proportionate and mandatory." However, from that point of view, the authorities could use "less radical" measures to achieve the same goals.
What now? HABTUR has already celebrated the court's decision and now hopes to coordinate its actions with the zoning rules adopted by the government of Palma to allow renting to tourists in some areas of the city. However, the mayor of Palma, Jose Gila, said that the city will appeal against this decision, insisting that there will be no tourist apartments in Palma.
If the appeal of the local government is rejected, the ban on renting housing to tourists will be replaced by restrictions imposed by the administration of Majorca in June 2020. Recall that then the authorities of Majorca imposed a moratorium on new licenses for renting tourist housing. According to this measure, which will be in effect until December 31, 2021, fines for renting out without a license are increasing. For individuals, the fine ranges from €20,000 to €40,000, and for platforms-up to €400,000.
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