How to Defend your Tourist Use Housing

In the last few years, the tourist use housing (VUT) has experienced a remarkable growth in cities such as Malaga. However, this increase has generated greater control and regulation  by local administrations, which has led to cancellations of registrations in the Andalusian Tourism Registry (RTA).

If you own a VUT, you may have received a notification that puts your tourist activity at risk.

In this article we explain how you can defend your VUT, know your rights and understand the current regulations to defend yourself against cancellation.

Why are VUT registrations being cancelled?

The growing demand for alternative tourist accommodations has led administrations to impose stricter restrictions. Municipalities, backed by recent urban planning regulations, are reviewing tourist housing registrations to ensure that they comply with local regulations.

In many cases, cancellation of registration is due to the fact that the property does not comply with current urban development plans or does not meet the technical requirements for use as tourist accommodation.

However, many of these cancellations are based on internal instructions of the administration that do not have legal force, which generates a series of violations of rights that the owners can challenge.

Are these cancellations legal?

Law 39/2015 of Common Administrative Procedure requires that any administrative act that affects the rights of citizens must be supported by a rule with the rank of law or  regulation. Administrations cannot base cancellations solely on internal instructions, as these guidelines do not have legal rank.

According to the Supreme Court, these instructions are guidelines for the internal functioning of the administration and cannot be used as a basis to cancel registrations or  limit rights.

Therefore, if your VUT has been cancelled based solely on instruction 1/2024 of June 7, you may be facing a decision that violates your rights.

The Right to Subsidies and the Principle of Proportionality

Another key point to keep in mind is your right to rectification. Andalusian Tourism Law  13/2011 and Decree 143/2014 establish that before restrictive measures are taken, such as the cancellation of a registration, the administration is obliged to offer you a period of time to remedy any irregularities.

This means that, if the administration detects a non-compliance or an error in your registration, it must give you the opportunity to correct it before taking definitive measures.

This principle of proportionality is essential, as it ensures that the administration acts fairly and that any restrictions are commensurate with the seriousness of the situation.

If you were not offered this possibility before your registration was cancelled, your rights have been violated and the measure can be challenged.

How to Defend your VUT

If you have received a cancellation notice, it is crucial that you file a written statement of  allegations within 10 days of notification. In this document, you must detail why you consider the cancellation to be unfair, based on the following points:

1. Lack of regulatory basis: Argue that internal instructions cannot restrict your rights as they do not have the status of law.

2. Proportionality and right to correction: Insist that the administration must offer you the opportunity to correct any errors or irregularities before taking restrictive measures. If this step has not been respected, the cancellation is not valid.

3. Right to defense: According to article 24 of the Spanish Constitution, you have the right to be heard before the administration takes a decision affecting your rights.

The Process to Follow

In order to defend your property for tourist use, you must present a written statement of  allegations before the competent administration. In this document, you will argue why you consider that the cancellation is unfair, based on the points mentioned above.

If the administration does not rectify its decision, you can go to the contentious-administrative courts, where a judge will evaluate if the cancellation is legal.

In this process, having a lawyer specialized in tourism law, such as the professionals of Larios Tres Legal, is key to ensure that your rights are respected.

What does the Jurisprudence say?

The Supreme Court has issued several rulings in which it clarifies that the internal instructions of the administration cannot create obligations or restrict the rights of the administered.

Among the most relevant rulings are those of January 2021, which reaffirm that any administrative decision must be based on a legal regulation, and not on internal guidelines.

Conclusion: Defend your Investment

The management of a VUT is fundamental for many owners in Malaga. Recent cancellations generate uncertainty and, in most cases, are based on misapplied regulations and stand out for their poor motivation.

If you have received a cancellation notice, you are not alone. In Larios Tres Legal, we are experts in defending the rights of owners of VUT. We take care of preparing your allegations and, if necessary, represent you in court.

Contact us today to protect your investment and ensure that your rights are respected.

Autor

Susana Domínguez Romero 
Attorney

Contact information
 + 34 697 302 341 
 susana.dominguez@lariostreslegal.com

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