The judicial decision, dated February 18 of this year, dismisses an administrative appeal filed by an individual and reinforces the modification of the General Urban Planning Plan (PGOU) promoted by the council. This measure seeks to prevent holiday homes from exceeding 8% of the total housing stock in certain neighborhoods of Málaga, in addition to supporting the moratorium that prevents the creation of new tourist dwellings.
The TSJA considers that the reports submitted by the City Council are sufficient to justify the restriction. The reasons cited include the protection of the right to housing, the preservation of the residential function of neighborhoods, the prevention of tourist saturation, and the guarantee of neighborhood coexistence. The court emphasizes that, although urban restrictions must be motivated, conclusive scientific studies are not required, but rather objective data and a reasoned assessment of the situation.
The situation of tourist housing, due to its integration into residential buildings and its specific impact on the residential function and neighborhood coexistence, is different from hotel establishments, which have their own infrastructure and services.
The ruling also addresses the distinction between tourist housing and hotels, arguing that their impact is different due to their integration into residential buildings. Furthermore, the decision asserts that the regulation of holiday apartments is necessary to maintain the balance between residential and tourist use, preventing the displacement of residents and the degradation of community life.
Since last August, Málaga has implemented a moratorium prohibiting new tourist homes while the PGOU modification is completed. This measure responds to uncontrolled growth that has led the number of these properties to almost 13,000 in the capital, according to data from the Andalusian Tourism Registry (RTA) of the Junta, with some central neighborhoods exceeding 80% of the housing stock.
