The Government of the Canary Islands plans to modify the exploitation unit of tourist areas through a decree-law to address the conflict of residents who habitually live in acquired accommodation units. This long-standing issue has generated significant litigation.
According to the draft decree, individuals who can prove their residence in these units before January 1, 2017, under the previous Land Law, will have their right recognized even if the local council has not yet approved the specialization of uses. Obtaining a certification of prior residence from the council will consolidate this use.
This measure is expected to bring significant social peace, responding to the demands of groups such as the Platform of Affected by the Tourism Law (Palt). Close sources indicate that the approval of the decree-law will leave few excuses for Palt and Ascav, ending a cycle of lawsuits and sanctions between operators, residents, and free-market owners.
On a secondary level, the San Bartolomé de Tirajana City Council, through its Tourism Councilor, Alejandro Marichal, proposes arguing, based on a report by professor José Francisco Villar Rojas, that before 1996 there was no defined use (neither tourist nor residential), allowing occupants to assign their own. This principle will require proof.
The approaching elections add urgency to this matter, considered an important asset for the polls, particularly in the municipality of San Bartolomé de Tirajana.
