Dear owners,
The town council of Mogán have clarified that in the process of the General Ordenation Plan (Plan General de Ordenación) of the municipality "second homes in tourist areas are not contemplated in the laws and plans of urban planning of the islands".
For this reason, they have urged the people of the Canary Islands in this situation to ask the Canary Islands Parliament to address the matter, since "the local councils do not have the regulatory competence to do so".
In addition, they indicate that until the 20th of October, allegations can be presented as the PGO is in public information. However other sources such as the PALT indicate that the deadline ended on the 17th of September in strict compliance with the LPCA (law 39/2015).
Furthermore, they indicate that the PGO of Mogán, which is in the process of its final approval, at this moment only contemplates the structural planning of the land, without addressing the detailed planning, which means that it does not deal with the residentialisation of tourist land. However, the Mogán authorities have given assurances that the attitude of the Town Hall is to conserve in the urban planning the residential areas already consolidated on tourist land, as well as to protect the tourist land.
Even so, the Mayoress has stated that "a balance will have to be found and this will have to be done when the PGO is worked out in detail. There is no place for it now". At that stage the Local Administration or Town Hall will analyse plot by plot the use of tourist land, bearing in mind that it has been residentialised and is already consolidated as such, as in the Law 2/2013 on Tourist Renovation and Modernisation of the Canary Islands, which provides for the coexistence of residential and tourist use of tourist land:
Mogán Town Council have stressed that, although in the future it may fall to them to enforce the tourist use of land classified as such, it will never "expropriate" residents of areas consolidated as residential, although they will ensure that these do not continue to increase given that there is a duty "to preserve the exclusive tourist use of land on those intended for that purpose".
Therefore, given the problem of the lack of legal coverage of second homes in tourist areas such as Mogán and other tourist municipalities in the Canary Islands, the Association of Tourist Municipalities of the Canary Islands (AMTC) will take the matter to the General Meeting of the Association because "(...) we have to address this issue and bring it to the attention of the Parliament of the Canary Islands...".
Keep you informed, JPD Consultants
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