The Consell Insular de Ibiza has responded to the recent sentence that annulled a sanction for renting a room for tourist purposes, clarifying that this is avery specific case and prior to the current regulatory changes.
The institution stresses that the court ruling does not establish jurisprudence nor can it be used as a basis for reversing other sanctions, as they explained to La Voz de Ibiza.
The sentence of the Court of Administrative Litigation number 2 of Palma -which annulled a fine of the Consell for renting a room in a habitual residence- has been described by the insular institution as “a very specific case”, which does not reflect the majority of proceedings opened by the Office for Combating Intrusiveness.
“The person responsible for having put that room on the tourist market continued to live in that apartment while the tourist rental was being committed,” the Consell points out.
According to their criteria, this type of situation is not representative of the bulk of the sanctioning files, which usually refer to rentals of entire dwellings in an irregular situation.
The new legal framework closes the door
The insular institution also emphasizes that the regulations have changed substantially since the case in court, corresponding to a sanction prior to 2021.
In this regard, they recall that the recent entry into force of Regulation (EU) 2024/1028 of the European Parliament and of the Council, which requires all tourist rental activities to have a registration number, marks a new regulatory scenario throughout Spain.
In the specific case of Ibiza, this legal requirement is also reinforced by agreements signed between the Consell and digital platforms to prevent the marketing of accommodations that do not have a registration number issued by the institution or by the State.
Therefore, the option of renting rooms on portals such as Airbnb without registration would no longer be viable.
On the other hand, the Consell also recalls that the latest amendment to the Tourism Law, promoted by the Government of Marga Prohens, “eliminates any possibility of tourist rental in tourist apartments and, therefore, closes the door to be able to claim any kind of lack of definition of what is and what is not a tourist apartment and what is allowed and what is not”.
“It does not create jurisprudence.”
In conclusion, the insular institution insists that “this sentence does not create jurisprudence”, and that it cannot be used as an argument to challenge other sanctions imposed in recent years.
From the Consell they emphasize that this is “a very specific case that is not an example of the great bulk of disciplinary proceedings for infractions of tourism management that are processed in this institution”.
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