TSJA strikes down the Granada municipal VUT regulation: no restriction by way of interpretation
The Andalusian High Court of Justice (TSJA) has struck down the municipal VUT regulation of Granada in a judgment that draws a clear line: a City Council cannot restrict tourist accommodation activity by way of interpretation of the general urban plan. Doing so requires a formal modification of the planning instrument, with the corresponding motivation, public information and approval procedure.
The facts
Granada City Council issued an instruction interpreting the urban plan to restrict VUT in certain areas without going through the formal procedure of plan modification. Several owners and the regional tourism business association filed contentious-administrative appeals. The TSJA admits them and annuls the restriction.
The principles confirmed
- Predictability: restrictions must be in the general plan, with prior publication.
- Motivation: overriding reason of general interest must be expressly justified.
- Proportionality: the measure must be the least burdensome.
- Inter-administrative cooperation: restrictions cannot bypass the formal procedure.
Consequences for owners in Granada
- Owners affected by suspensions based on the annulled interpretation can request reopening of the file.
- The annulment opens the door to claims for damages and lost profits.
- Any new restriction by Granada City Council must follow the full formal procedure.
Sources
- 📜 TSJA Judgment annulling the Granada VUT regulation.
- 📜 STS of 21 October 2019.
- 📜 Article 2.2 Decree 28/2016.
Affected by the annulled Granada regulation?
SALAMA LEGAL SLP studies whether you can request reopening or claim damages.
FAQ
Does the annulment have retroactive effect?
Yes for the affected acts of application. Specific situations can be reopened.
Can Granada try again?
Yes, but with formal modification of the general plan and full motivation.