On May 22, 2015 the long awaited Decree of the Government of the Canary Islands, which approved the Regulation of holiday homes, was finally approved. But contrary to what it promised and far from solving the existing problems, it moved away at the last moment from any valid solution for the owners of the properties….
“It seemed that everything was going well until an article was introduced at the last minute that changes everything and does not fix anything,” says Eileen Izquierdo, lawyer of the firm, which looks after the interests of several owners and has successfully appealed numerous resolutions denying the legalization of Villas as well as the General Plan of Yaiza for its regulation of the villas, the latter process is pending judgment.
An article included due to the pressures exerted by hotel associations, in which it is detailed that vacation rentals will be allowed as long as they are not expressly prohibited by the community of owners and if the house is not in a tourist area, tourist or mixed urbanization.
In practice, and as interpreted by the various municipalities, this definition means or implies that currently the Cabildo of Lanzarote does not allow the registration of holiday homes in Puerto del Carmen or Costa Teguise and only in two very specific areas of Playa Blanca.
However, the lawyer Eileen Izquierdo understands that the approved law clearly violates both the State law regulating service activities (among which tourism is included) and the Directive, so it can be appealed before the courts, both the law itself (which can only be appealed by certain institutions) and by individuals through appeals of the acts that are issued in application of the same.
He understands that given the attitude of the administration is the only possible way out. This is what it did in 2013 when 120 of our clients were denied their applications, having obtained favorable rulings in each and every one of the proceedings initiated and sentencing the administration to pay the costs.