Situation Regarding New Tourist Apartments in Málaga
In recent months, we have noticed a significant increase in notifications of regularization and cessation orders related to responsible declarations for operating tourist apartments in Málaga.
These measures stem from a new directive issued by the Málaga City Council, which the Junta de Andalucía has been enforcing to reject new applications.
This new regulation aims to control and regulate the growing number of properties being used for tourist rentals.
It is common for the notifications regarding the initiation of cancellation agreements to state that: “there is a breach of Article 6.1a of Decree 31/2024, dated January 29, which amends various provisions on tourist accommodations, tourist apartments, and hotels in the Autonomous Community of Andalusia.”
The reasoning provided by the Junta de Andalucía is based on the alleged non-compliance with Article 6.2.4 of the 2011 PGOU (General Urban Development Plan) of the city of Málaga, which relates to hospitality and states: “A business in this category may only operate in a building partially or fully designated for residential use if it has independent access and evacuation elements, as well as general installations that are separate from the rest of the building.”
Therefore, many of our clients frequently ask:
What can I do as a property owner if I disagree with the Administration’s decision?
It is advisable to review the specific circumstances of each case and evaluate whether it is worthwhile for the client to pursue an administrative appeal and what they can expect if they challenge the Administration.
Nevertheless, we can offer the following key points if you, as a property owner, are considering challenging the Junta de Andalucía’s decision:
a) Respect the deadlines provided by the Administration for submitting allegations or filing an appeal. If these administrative deadlines are missed and a resolution becomes final, it will be very difficult to overturn it later.
b) Evaluate the time that may be gained for operating the tourist apartment by challenging the Junta de Andalucía’s decision.
c) Weigh the potential outcomes of appealing the final decision, both administratively and through the judicial process, depending on your specific situation.
What can Roji Abogados do for you?
If you own a tourist apartment in Málaga and have received a notification from the Junta de Andalucía regarding the cancellation of your responsible declaration for its registration, it is essential that if you disagree with the notification, you do not miss the corresponding deadlines.
At Roji Abogados, we take care of:
- Initial advice and analysis: We study your case and inform you about the chances of success and what you can achieve under your circumstances.
- Submission of appeals and allegations: We handle the preparation and submission of the necessary appeals within the legal deadlines, providing the service our clients need.
- Representation before the administrative courts: If necessary, we represent our clients in contentious-administrative proceedings, defending their interests in court.
At Roji Abogados, we have a specialized team with extensive experience in Administrative Law. Our expertise allows us to analyze each case individually, identify potential procedural errors, and develop a defense strategy to protect our clients’ interests.
If you have any questions or concerns about Administrative Law, whether as a business or an individual, inquire about our fees and the possibility of scheduling a consultation with us at:
2.- 952 211 011 or 607 202 361
3.- Send a message to Roji Abogados on WhatsApp. https://wa.me/34607202361
