The fourth section of the High Court of Justice of Andalusia has invalidated the agreement approved by the full session of the Granada City Council on July 26, 2024. This agreement aimed to establish new regulations for Tourist Use Dwellings (VUT) in the capital.
The ruling, accessed by this media outlet, states that the agreement «is not in accordance with the law», thus supporting the position of the Association of Tourist Homes and Rural Accommodations of Granada (Avitar Granada), which had filed an appeal through the Contentious-Administrative route.
“"The City Council wanted to impose through a political shortcut what legally could only be done through a planning innovation. And it also did so by trying to extend the urban planning regime of hotel accommodation to tourist homes."
The association argued that the city council mixed residential and tourist use regulations from Granada's General Urban Planning Plan (PGOU), in force since 2021, to justify applying the regulations to temporary rental homes. It also pointed out that the wording was «ambiguous» and sought to subject VUTs to controls typical of opening licenses for commercial or industrial establishments, violating regional tourism regulations.
The TSJA has reflected on the impossibility of extending hotel accommodation requirements to all categories of tourist uses, as the 2001 PGOU did not contemplate specific regulations for VUTs. The court concludes that the city council was not interpreting the regulations, but rather «innovating» them.
Following the ruling, Avitar Granada has encouraged those affected by the application of this illegal agreement to contact the association to explore possible claims. A municipal spokesperson has stated that the regulation was approved unanimously and announced that the city council's legal services are preparing an appeal against the issued ruling.
