The Contentious-Administrative Chamber of the TSJC has confirmed that the construction license, granted by the San Bartolomé de Tirajana City Council to Residence Canarias Property Development SL for the interior and facade renovation of the Tensuites complex, complies with the law and applicable regulations.
The ruling, issued on May 6, 2026, dismisses the appeal filed by a private individual against a previous decision that deemed the lawsuit inadmissible due to being filed out of time. Presiding judge José Suay Rincón upholds the assessment of the late filing and the legality of the first-instance decision.
Leveraging another similar appeal concerning the same case, the chamber reproduces a prior ruling that did address the merits of the case and supported the license. This previous ruling rejects the argument that the roof works corresponded to a viewpoint and clarifies that the elevator was installed in a permitted area to comply with current accessibility regulations.
Regarding the annex rooms in the semi-basements, the sentence indicates they do not increase the buildable area and recalls that, according to the 1996 General Urban Planning Plan (PGOU), semi-basements of pre-existing buildings (like this property from the 1960s) are excluded from the buildable area calculation.
Finally, it is noted that the use of the roof as a solarium is permissible under the PGOU, and that the non-execution of a projected jacuzzi pool prevents the creation of new built volume, apart from the legally required elevator.
This ruling, which can still be appealed to the Supreme Court, represents the fourth favorable decision for the license, which had generated internal controversy within the San Bartolomé de Tirajana City Council.




