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08-03-2019, 04:44 PM
Next Tuesday, 12 or Wednesday, March 13, 2019, the Parliament of the Canary Islands will approve an authentic normative bomb against Canarian families . The biggest attack of democracy against the small owners of apartments in tourist areas and holiday homes, assure from Ascav.
Under Proposition of Law PL-0005 presented by Nueva Canarias supported by the Canarian Coalition, PSOE, Podemos and Grupo Mixto, with the only vote against the Partido Popular , the rights of citizens will be cut off in such a way that their properties will lack any value.
1) PROHIBITED TO RENT FOR A LONG SEASON (Article 42. 1 b) of the Canary Islands Tourism Ordinance Law is deleted).
2) PROHIBITED HOLIDAY RENT
3) PROHIBITED TO RESIDE IN YOUR OWN PROPERTY (with the very limited exception of the transitory disposition of the land law).
If you have an apartment , they point out, you should know that your property will not be worth anything to get through this law: you can not do anything with it except deliver it to an operating company or use it on weekends.
And if anyone had the intention, you should know that SANCTIONS INCREASE FROM € 1501 to € 300,000. Totally disproportionate amounts, since they far exceed the values of most properties.
Not only are the rights of these owners going to be guillotined, but they will also strike at the real estate companies , they say from the association: "Who will buy a tourist apartment or a holiday home with these limitations? The drops in sales will be spectacular. "
In short, it is a real plundering of the Canaries : the owners of apartments and holiday homes and the Canarian companies. And everything to leave the business in the hands of those of always.
You can check here the text of the Proposition of Law.
https://www.parcan.es/files/pub/bop/9l/2019/120/bo120.pdf
These are some, not all, the most relevant modifications of the Canarian Tourism Ordinance Law (Law 7/1995):
- Art. 13.3: includes letters f), g) and h): Letter f) establishes as a duty of the tourist company "to guarantee the respect of the norms of the interior regime of the community". Clear infringement of state powers: the Autonomous Community does not have powers in matters of Horizontal Property and less imposing a duty of guarantee that tourists must respect.
- Art. 42.1 b). In the apartment complexes it will not be possible to rent for a long period (Urban Leasing Law). Many apartment owners have opted for long-term rental due to the low profitability given by the tour operator or because the resort had caused a decrease in tourist exploitation. Now this possibility is prohibited.
- Two new articles are introduced to regulate Vacational Housing by Law: the new articles 46 bis and 46 ter.
- Art. 46 bis: defines the Vacation Home. He returns to talk about "assignment of the whole house". It is a new attack on the rent of rooms or Bed & Breakfast that was already validated by the Supreme Court Judgment of January 15, 2019, which declared null art. 12.1 of the Regulation of Vacational Houses of the Canary Islands.
-Art. 46 ter:
* Section 3: urban planning will say the specific areas in which the use of holiday homes can be implemented and may be EXCLUDED in all or part of a municipality.
* Section 4. In the absence of planning, the Government of the Canary Islands may establish "requirements, criteria and tourism standards for the implementation of tourist use of housing." The Government of the Canary Islands is empowered to, by decree, establish maximum limits for implementation of Vacation Housing and even specific urban conditions for the exercise of the activity.
* Apdo. 6. The responsible statement must include an agreement of the board of owners that with the favorable vote of 3/5 parties expressly accept the Vacation Home. It is an invasion of state powers in the field of horizontal property.
* Apdo. 8: Express prohibition of B & B or partial rental of rooms. It is a new invasion of state competitions. The Autonomous Communities do not have jurisdiction over civil contracting that is exclusive to the State. All this without prejudice to the fact that it contravenes a final judgment of the Supreme Court.
* Apdo. 10: express prohibition of Vacation Rental of those apartments that have been "residential".
* Apdo. 11: the tourist establishments that have caused a loss in the tourist exploitation will not be able to dedicate themselves to the holiday home.
- Art. 73: the owners of the Vacation Homes together with the operating company are responsible for the infractions. It supposes a clear violation to the most elementary principles of the sanctioning administrative right. Sanctions are taxable to the perpetrator. By the way, it only imposes this double standard on the VV, to no other type of accommodation.
- Art. 75:
* Section 16: marketing a holiday home without presenting a responsible declaration will be punished as a very serious penalty up to € 300,000. Before it was imposed a severe penalty (€ 1,501-30,000). The qualification as very serious is an authentic disproportion. It is a clear intimidating measure.
* Section 17: very serious penalty (up to € 300,000) for Internet platforms that sell holiday homes.
* Point 11: very serious sanction the "inaccuracy, falsehood or omission of essential character" in the responsible statement. Vulnerability principle legal security: who determines what is essential and what is not essential?
-Art. 76
* Section 16: severe penalty (€ 1,501-30,000) the "inaccuracy, falsehood or omission of a non-essential nature"
* Section 20. Serious sanction: housing that does not comply with the requirements or conditions established in the Housing Policy (€ 1,501-30,000).
Google translated article from Onda Fuerteventura.
Under Proposition of Law PL-0005 presented by Nueva Canarias supported by the Canarian Coalition, PSOE, Podemos and Grupo Mixto, with the only vote against the Partido Popular , the rights of citizens will be cut off in such a way that their properties will lack any value.
1) PROHIBITED TO RENT FOR A LONG SEASON (Article 42. 1 b) of the Canary Islands Tourism Ordinance Law is deleted).
2) PROHIBITED HOLIDAY RENT
3) PROHIBITED TO RESIDE IN YOUR OWN PROPERTY (with the very limited exception of the transitory disposition of the land law).
If you have an apartment , they point out, you should know that your property will not be worth anything to get through this law: you can not do anything with it except deliver it to an operating company or use it on weekends.
And if anyone had the intention, you should know that SANCTIONS INCREASE FROM € 1501 to € 300,000. Totally disproportionate amounts, since they far exceed the values of most properties.
Not only are the rights of these owners going to be guillotined, but they will also strike at the real estate companies , they say from the association: "Who will buy a tourist apartment or a holiday home with these limitations? The drops in sales will be spectacular. "
In short, it is a real plundering of the Canaries : the owners of apartments and holiday homes and the Canarian companies. And everything to leave the business in the hands of those of always.
You can check here the text of the Proposition of Law.
https://www.parcan.es/files/pub/bop/9l/2019/120/bo120.pdf
These are some, not all, the most relevant modifications of the Canarian Tourism Ordinance Law (Law 7/1995):
- Art. 13.3: includes letters f), g) and h): Letter f) establishes as a duty of the tourist company "to guarantee the respect of the norms of the interior regime of the community". Clear infringement of state powers: the Autonomous Community does not have powers in matters of Horizontal Property and less imposing a duty of guarantee that tourists must respect.
- Art. 42.1 b). In the apartment complexes it will not be possible to rent for a long period (Urban Leasing Law). Many apartment owners have opted for long-term rental due to the low profitability given by the tour operator or because the resort had caused a decrease in tourist exploitation. Now this possibility is prohibited.
- Two new articles are introduced to regulate Vacational Housing by Law: the new articles 46 bis and 46 ter.
- Art. 46 bis: defines the Vacation Home. He returns to talk about "assignment of the whole house". It is a new attack on the rent of rooms or Bed & Breakfast that was already validated by the Supreme Court Judgment of January 15, 2019, which declared null art. 12.1 of the Regulation of Vacational Houses of the Canary Islands.
-Art. 46 ter:
* Section 3: urban planning will say the specific areas in which the use of holiday homes can be implemented and may be EXCLUDED in all or part of a municipality.
* Section 4. In the absence of planning, the Government of the Canary Islands may establish "requirements, criteria and tourism standards for the implementation of tourist use of housing." The Government of the Canary Islands is empowered to, by decree, establish maximum limits for implementation of Vacation Housing and even specific urban conditions for the exercise of the activity.
* Apdo. 6. The responsible statement must include an agreement of the board of owners that with the favorable vote of 3/5 parties expressly accept the Vacation Home. It is an invasion of state powers in the field of horizontal property.
* Apdo. 8: Express prohibition of B & B or partial rental of rooms. It is a new invasion of state competitions. The Autonomous Communities do not have jurisdiction over civil contracting that is exclusive to the State. All this without prejudice to the fact that it contravenes a final judgment of the Supreme Court.
* Apdo. 10: express prohibition of Vacation Rental of those apartments that have been "residential".
* Apdo. 11: the tourist establishments that have caused a loss in the tourist exploitation will not be able to dedicate themselves to the holiday home.
- Art. 73: the owners of the Vacation Homes together with the operating company are responsible for the infractions. It supposes a clear violation to the most elementary principles of the sanctioning administrative right. Sanctions are taxable to the perpetrator. By the way, it only imposes this double standard on the VV, to no other type of accommodation.
- Art. 75:
* Section 16: marketing a holiday home without presenting a responsible declaration will be punished as a very serious penalty up to € 300,000. Before it was imposed a severe penalty (€ 1,501-30,000). The qualification as very serious is an authentic disproportion. It is a clear intimidating measure.
* Section 17: very serious penalty (up to € 300,000) for Internet platforms that sell holiday homes.
* Point 11: very serious sanction the "inaccuracy, falsehood or omission of essential character" in the responsible statement. Vulnerability principle legal security: who determines what is essential and what is not essential?
-Art. 76
* Section 16: severe penalty (€ 1,501-30,000) the "inaccuracy, falsehood or omission of a non-essential nature"
* Section 20. Serious sanction: housing that does not comply with the requirements or conditions established in the Housing Policy (€ 1,501-30,000).
Google translated article from Onda Fuerteventura.
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