The Superior Court of Justice of the Balearic Islands (TSJIB) has ruled that an apartment in Sant Antoni that was closed and sealed after being used for unauthorised tourist accommodation can still be used as a residential property.

The ruling by the court's Contentious-Administrative Chamber concerns a property that had been marketed as tourist accommodation without the required authorisation. The administration had ordered the cessation of the tourist activity, together with the closure and sealing of the property.

Court limits the scope of the seal

The property owner appealed the administrative decision, arguing that the wording could be interpreted as requiring the apartment to be completely closed, preventing it from being used as a home.

The TSJIB did not accept that interpretation.

The court established that the closure and seal must be limited to uses connected with the unauthorised commercialisation of the property as tourist accommodation. In other words, the measure prevents the continuation of the unauthorised tourist activity but does not automatically prevent a legitimate residential use.

Case began with unauthorised tourist use

The case arose after a tenant used the property for tourist accommodation without the corresponding authorisation.

Following this, the administration ordered the tourist activity to stop and imposed the closure and sealing measure.

During the court proceedings, the administration clarified that the seal placed on the property was informational in nature and did not constitute a physical closure preventing someone from living in the apartment.

The TSJIB took that clarification into account when interpreting the purpose and scope of the administrative measure.

The ruling does not legalise tourist rentals

The decision does not authorise the apartment to be operated as an unlicensed tourist rental.

Rather, the court distinguishes between the prohibited tourist activity and residential use of the property. The unauthorised tourist accommodation must cease, while a lawful residential use is not excluded by the tourist-use seal itself.

This distinction is particularly relevant in the Balearic Islands, where authorities have increased enforcement against the unauthorised use of residential properties for tourist accommodation. Recent enforcement actions in Ibiza have included precautionary seals specifically intended to prevent properties from being used for illegal tourist rentals.

Appeal remains possible

The ruling is not necessarily final. A cassation appeal can be lodged within the legally established 30-day period.

For now, the ruling establishes that an administrative measure aimed at stopping unauthorised tourist accommodation cannot automatically be interpreted as prohibiting a legitimate residential use of the property.