The cancellations of tourist homes by the Malaga City Council are “unfair and represent an violation of legitimate rights”
24 September 2024. The measure promoted by the Malaga City Council to cancel more than a thousand tourist homes in the city is “restrictive, imposed without proper procedure, “Unjust and also represents an attack on the legitimate rights of those who manage this type of property.”, says Juan Cubo, vice president of the Association of Tourist Housing and Apartment Professionals of Andalusia (AVVAPro), who recognizes that dozens of affected people have already put the administrative defense of their registrations in the Tourism registry in the hands of the association.
Hundreds of owners have already received notifications from the Andalusian Government informing them that they are going to be removed from the tourist accommodation registry., with a period of ten days to allege. AVVAPro is providing advice to all of them so that no affected person is harmed by a measure that is clearly unfair and not in accordance with the law..
“We are clear that it is not a measure promoted by the Junta de Andalucía and that it is being forced to execute it at the request of the Malaga City Council.. It is Francisco de la Torre's government team that must explain why it has not made a modification to the PGOU to regulate the urban use of tourist housing., that would have been the right thing to do. Also, "The City Council has not given those affected any possibility to plead", Cube explains.
The vice president of AVVAPro does warn that in the event of unfair termination, the administration could incur financial liability..
For all this, AVVAPro expresses its complete disagreement with the recent measures adopted, since they violate fundamental principles of administrative law by imposing restrictions without following the legally established procedure or offering the guarantees required by the legal system..
In line with what was already transmitted in its day to the Malaga City Council, AVVAPro is developing different lines of defense in support of the sector, which will be duly communicated to the administration at the appropriate procedural time.
Being part of the Tourism Registry of the Junta de Andalucía undoubtedly generates a series of rights for the owners of the activity.. For this reason, Depriving owners and managers of this right should only occur by legally established provision and through legally established procedures and mechanisms.. The procedure to be followed by the Malaga City Council to communicate these breaches to the Junta de Andalucía must also comply with the law as it may lead to the deprivation of rights..
"In practice, "Málaga City Council is unilaterally declaring the illegality of a series of homes without giving interested parties the opportunity to have a procedure to defend their interests.", holds cube. Detracting, as the Malaga City Council is urging, the homes without these hearing processes represents a de facto formal defect that could be used in favor of the tourist homes themselves..
About AVVAPro
AVVAPro is an organization made up of companies, professionals and owners dedicated to the management of tourist homes and apartments in Andalusia, that provides competitiveness and quality guarantees to this accommodation segment, for the benefit of its users and related community.
The association holds the representation, through its members, from 15.000 tourist homes and apartments and close to 72.000 Accommodation places distributed throughout Andalusia. Also, AVVAPro defends and promotes the general and specific interests of tourist accommodation in the region., forming part of organizations such as the Spanish Federation of Housing Associations and Tourist Apartments (FEVITUR), the Confederation of Businessmen of Andalusia (CEA), the Costa del Sol Tourism Forum, the Plan8 of Seville and the Board of Tourism and Commerce of the City Council of Cádiz.
AVVAPro promotes the positive contribution of tourist homes and apartments to the economy in aspects such as the deconcentration of tourism in saturated areas, deseasonalization and visitor loyalty, the promotion of family tourism, residential and in areas without housing, increasing accessibility and comfort for users, the efficient use of the real estate stock and second homes, and the promotion of the rehabilitation of buildings in historic centers.
