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TOURIST APARTMENT RENTALS

Practice Area: Civil Law and Contracts. Tourist Apartments

The Plenary Session of the Civil and Criminal Chamber of the High Court of Justice of Catalonia, in JUDGMENT dated May 19, 2016 (Judgment number 37/2016 (Reporting Judge Mr. Abril Campoy)), has declared the following regarding TOURIST APARTMENTS:

“the use of the dwelling in question in this appeal for cassation for tourist purposes was not prohibited in the community bylaws when the activity began.” Furthermore, the plenary session of the civil and criminal chamber recalls that Catalonia legislated the activity of tourist apartments and states that “until the distinction between tourist apartments and tourist-use dwellings was re-established, tourist-use dwellings had to apply for an administrative license as a tourist apartment, as in this case.”

Likewise, it adds:

“it cannot be concluded that, in the abstract, the existence of tourist-use dwellings implies an activity contrary to normal coexistence in the community; rather, it is necessary that the use made can be described as anomalous or antisocial, as a result of a series of behaviors or actions that deserve to be considered uncivil. However, this analysis must be carried out on a case-by-case basis.”

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