Information
CITIZENS OWNING A PROPERTY ON TOURIST LAND WILL NO LONGER BE ABLE TO USE THEIR PROPERTIES.
PALT, the association of those affected by the Tourist Law (La Plataforma de Afectados por la Ley Turística) is an organisation formed on 12 September 2015 due to the threat hanging over the homes and legal rights of more than 70,000 families located in tourist zones across the Canary Islands. Amongst those we´re talking of more than 20,000 cases where the homes are a family´s one and only residence.
The Law of Canarian Tourist Renovation and Modernisation (Ley 2/2013 de Renovación y Modernización Turística de Canarias) imposed by the recent decree (May 2015) by the Canarian Government (Decreto 85/2015 del Gobierno de Canarias) obliges citizens with residences (apartments, bungalows, villas) sited on “tourist” land – as opposed to “urban” land – to cede the exclusive use of their property to tourist exploitation businesses. This law is in place and is currently being applied through the modernization plans (PMM – Planes de Modernización, Mejora e Incremento de la Competitividad) en municipalities such as San Bartolomé de Tirajana y Mogán en Gran Canaria; Puerto del Carmen (Tías) y Costa Teguise (Teguise) en Lanzarote; Morro Jable (Pájara) y Corralejo (La Oliva) en Fuerteventura; Costa S. Miguel (S. Miguel de Abona), Costa Adeje (Adeje) y Puerto Santiago (Santiago del Teide y Guía de Isora) en Tenerife and is in approval phase for Puerto de la Cruz o Arona (Tenerife), en Caleta de Fuste y Costa Calma (Fuerteventura) y El Veril (Gran Canaria).
Further, their application will be obligatory and gradual throughout all the tourist municipalities in the Canaries through the urban plans (Planes de Ordenación Urbana) through which the classification of land will be modified from the current situation of “urban” and “residential” to “tourist” land.
As a consequence of this unjust and abusive legislation, citizens owning a property on tourist land will no longer be able to use their properties. That´s to say they won’t be able to reside in them as a primary residence, nor use them for either short or long stay, nor will they be able to rent them to third parties.
In the case that the legitimate proprietor refuses to give up their property to the exploitation company, or indeed refuses to pay or declares themselves bankrupt at the time of having to take on the financial burden of refurbishing the property or any other special contribution, a legal process will be initiated resulting with the substitution of the proprietor within one year. The property would be placed on the open market where any person or entity could take responsibility for those fees, and in effect become the new proprietor by substitution leaving the legitimate owner with no powers over their home. The new proprietor (by substitution) will then have full use of the property including the ability to use it as a guarantee against necessary bank loans needed to meet those fees and complete any works. (Decree 85/2015).
Under the Tourist Planning Law 7/1995, to refuse to cede the property to tourist use could carry a fine for the legitimate proprietor of between 30,000 and 300,000 euros (Ley 7/1995 de Ordenación del Turismo de Canarias).
Behind this unjust and abusive law are hidden the very powerful economic interests of speculators and multinationals in the tourism sector who seek to appropriate the, more than 70,000, homes from individual proprietors situated in the tourist zones across the Canaries; apartments, bungalows and villas that belong to the average citizen, in which they live as main residence or ones in which they´ve invested their life savings as a holiday or retirement home.
As well as directly attacking basic constitutional rights, such as the right to private property and free residence, this law appears designed as a measure to strangle the solvency of the smallholder and drive towards the loss of those properties at the hands of big business.
Not only Canarians are affected by this tourist law. Since the 1970s, foreign communities have established themselves progressively in the Canaries; British, Finnish, German, Norwegian, Italians etc who are now obliged to abandon their homes and cede them to a tourist business for their exploitation. Because of this PALT (the association) is organising informative meetings in diverse languages for those European and foreign citizens affected. As well, small groups of owners and residents have been formed from different nationalities who have then delivered letters to their Consulates requesting the defence and protection of their rights through the authorities in their respective countries, and encouraging action by institutions relevant to the defence of the legitimate rights over the property of those citizens.
The association intends to call on all competent organisations, both in planning matters as well as in protecting the rights recognised by the European Constitution, International Treaties and the Treaty of the European Union.
We have the power of reason behind us, and we´ve seen for years that those who aren´t the proprietors speak of our property without listening to us, the legitimate owners. Now has come the time to speak out, see things for what they are and protect what is rightfully ours, OUR HOMES.
Translation by Jim Phillips