The Supreme Court has ruled that neighbouring communities may prohibit tourist apartments on their property provided that the housing regulations of that building prohibit any economic activity. He took the decision after two cases in San Sebastian and Oviedo (Asturias). According to the judges, renting homes for tourist use is an economic activity.

The Supreme Court stresses that statutory limitations should be “clear, precise and explicit”. It also points out that it is “consistent” to prohibit tourist renting, as the measure prevents commercial, professional or business economic activities in housing.