Call to register in a municipality with tourist potential

The registration, a right that can not deny us and can help improve our situation

Since 2015 that the Platform for People Affected by Tourism Law (PALT) was established, we ask the members that they registered themselves in the municipality where they have their property in areas with tourist potential, many were registered but many were denied by the city council.
The first thing to note is that our property: apartment or bungalow, is a home, because it has a certificate of occupancy, or first occupancy license, as is being recognized by the Courts of the civil order, compliance with the minimum conditions of habitability, the Supreme Court allowing the exercise of rental of holiday homes and the acts of the municipalities.
The registration is important for several reasons, the first is because being a (registered) neighbour, you have the right to vote in municipal elections (if you are a EU citizen) and this affects politicians. It has been demonstrated in these last elections, thanks to our vote, it has varied the political direction in the city council of San Bartolomé de Tirajana.
The second is that the technicians of the different administrations mistakenly link the right over our property with the administrative fact of the registration, as if the legal characteristics of our property, depend on whether or not we are registered. The residential use is both permanent and temporary, obviously, and the general principle of the law “who can do the most (reside in your home), can the least (put it up for lease or …)” makes any appeal to the neighborhood or habitual residence indifferent since the attribution of the use IS NOT ad personam, TO THE OWNER, BUT ad rem, to THE THING.
As the Public Administration has shown us in these years of struggle, especially through legal texts and in interviews with its technicians, that in its arguments prevail economic interests that are not in the general interest. As the III Chamber of the Spanish Supreme Court has ruled on December 12, 2018, “… the only justification given about the convenience of formalizing the exclusion of the offer of holiday homes located in tourist areas was that it was due to mere economic reasons (that holiday homes do not compete with the rest of hotel or non-hotel tourist accommodation establishments, for which it would be necessary that they are not located in the same areas), what we understand cannot be incardinated in any of the compelling reasons of general interest included in the Article 3.11 of Law 17/2009, of November 23rd ”.
For all of which, and given that the municipal situation, at least in San Bartolomé de Tirajana, seems to have changed in a positive way, we encourage all the members and supporters of the PALT, who have a property in a area with tourist potential to register as soon as possible and in case you are denied that right, to contact us to give you advise about it.