ASCAV´S JUDICIAL SENTENCE HAS BEEN ISSUED BY THE SUPREME COURT AND EXTENDS THE NULLIFICATION OF ADDITIONAL PRECEPTS APPEALED BY THE ASSOCIATION.
After much waiting, ASACV is finally supported by the ruling of the Supreme Court in its claims. Undoubtedly, the appeal presented by ASCAV to modify Decree 113/2015 has been the broadest in that it addressed several important precepts:
1.-Nullification of article 3.2 that prohibited Vacation Rentals in touristic areas with clear and firm arguments.
2.- Nullification of article 12.1 that prohibited partial rentals of homes or rental of individual bedrooms.
3.- Nullification of article 13.3 ratifying that the mere presentation of a responsable declaration statement to the corresponding island Cabildo is sufficient to initiate activity.
The challenge to Article 13.3 (statement responsible for the start of activity) must be granted as it deprives the responsable declaration statement for the virtuality of enabling the start of the activity the same day of the statement presentation. The precept provides that the delivery to the operator of the property of claim forms, distinctive plaque and inspection book will only be made after fifteen working days, within which the island Cabildo must register the Vacation Rental home in the general tourism registry. The start of activity without the aforementioned documentation is reason for sanction, de facto this regulation is distorting the effects of the responsible declaration statement and subjecting the start of the activity to a prior administrative control.
4.- Since the Government of the Canary Islands did not appeal in their petition to the Court, article 5.2, which obliged the Vacation Rental to exclusively dedicate their offer to tourism activities, the nullity of the article is consolidated as follows :
It is forbidden, in any case, users: a) To allocate the Vacation Rental for purposes other than tourism for which it was contracted.
You can access the complete text of the judicial ruling in the following link: