Alejandro Marichal, first deputy mayor: “Clarity in the 1995 Law should stop the senseless fines that are being imposed on owners”
The Platform proposes that the Law contemplate the correct definition of tourist establishment, tourist apartment as well as reformulate the principle of Exploitation Unit
The First Deputy Mayor of San Bartolomé de Tirajana, Alejandro Marichal, accompanied representatives of the Platform of Those Affected by the Tourism Law (PALT), led by Maribe Doreste, to request that the new Canary Islands Tourism Law "allow for the development of a socially sustainable model from all perspectives." The meeting took place in the Canary Islands Parliament building and was attended by the President of the Canary Islands Government, Fernando Clavijo; the Minister of Public Works, Housing, and Mobility, Pablo Rodríguez; and the Canary Coalition Member of Parliament, Vidina Espino. They listened to the key issues that PALT considers "essential" to ensure that "the new legislation does not cause a forced population displacement that leads to confusion among the thousands of property owners who rely on legal certainty, respect for freedom of residence, the right to decent housing, property rights, and legitimate expectations," explained Doreste.
Thus, the PALT representatives argued that the Law must address and eliminate all litigation arising from concepts "that must be clearly defined." These include the concept of Tourist Establishment, which they defined as "any place where tourist activity takes place and comprises all the apartments within the establishment that carry out said activity." They also addressed the definition of Tourist Apartment and Non-Tourist Apartment, differentiating between those that regularly engage in tourist activity and those that do not. Thirdly, they proposed reformulating the Principle of Unity of Operation, on which Doreste clarified that "this is not about limiting the number of units that can operate under this system, provided that agreements are reached with all owners. This will ensure that those who operate a complex do so with adequate capital and professionalism, improving the quality of tourism in the Canary Islands and promoting stable, professional employment," Doreste explained.
The president of the PALT emphasized that social sustainability consists of tourism “respecting the identity and idiosyncrasy of the population, with our uses and customs, avoiding becoming actors in a theme park.” Maribe thanked Alejandro Marichal for his help, “who remains convinced that Tourism must be developed in 21st century cities, his constant support for the Platform of People Affected by the Tourism Law and for his dedication to solving the problems of residents in San Bartolome de Tirajana. His inclusive approach, which respects both those who seek to exploit their properties for tourism and those who wish to rent long-term or reside, is essential to take advantage of the heterogeneity and versatility of our territory as our greatest wealth.”
Marichal, for his part, emphasized the “lack of meaning” of the fines imposed under the 1995 law, since its article 42 indicates that establishments that do not follow the principle of exploitation will be excluded from the tourist offer of the Canary Islands. and they may only be rented or leased in accordance with the provisions of the Civil Code or the Urban Leasing Law. The first deputy mayor argued that “this clarity in the Law should stop the meaningless fines that are occurring.”
