HE Supreme Court I just clarified one of the restrictive margins By confirming that through a resolution, neighborhood communities can veto these floors in residential buildings. A prerequisite is that the law clearly states that houses cannot engage in any economic or professional activity.
The judges concluded that the rental of residences for tourist use was an economic activity and therefore ruled in favor of two communities, one in San Sebastián (Basque Country) and the other in Oviedo (Asturias), whose premises provided tourist rental services. on several floors.
CASES ANALYZED
In case of building OviedoThe Supreme Court (TS) explains that there is a legal prohibition, the validity of which is indisputable, stating that no professional, commercial, business or commercial activity can be carried out in homes, provided that their use is reserved. residential use only..
According to the court, the activity carried out on the two floors of the building “is of a commercial and commercial nature, provided by a commercial company” and therefore “the plaintiff must be right in the sense that it is a registered legal arrangement”. The ban prohibits the targeting of the above-mentioned properties as tourist homes.”
In the second case, some landlords in a building Saint Sebastian They sued their community to annul the ban in the developer’s zoning regulations and housing purchase agreements, which stated that it was forbidden to conduct economic activity (offices, bureaus, clinics, etc.). …) unless the portal subcommunity itself unanimously consents.
TS emphasizes that: “Renting housing for tourist use is an activity that is within the scope of legal prohibition, as it is an economic activity comparable to economic activities. For example, those listed in the Regulation, which are all considered non-residential uses and have a commercial, professional or business component.