It is appropriate to be sensitive with the district of Ciutat Vella as it corresponds to what was, until the mid-19th century, the walled city of Barcelona. It has an urban structure built over two thousand years of history and with the urban planning of all eras since its foundation by the Romans in the first years of our era.
When studying the morphology of the district, the report states that 31% of the streets are less than 10 meters wide, being even less than 5 meters in much of the Barri Gòtic, Sant Pere i Santa Caterina, and in La Ribera. In the area of Barceloneta, they are between 5 and 10 meters, with widths of up to 50 meters reserved for La Rambla, Via Laietana, and Ronda del Litoral, which are the most important circulation axes of the district. The first two connect the Barcelona of the Eixample with the sea, from west to east, and the Ronda crosses the city from north to south.
What is intended here, briefly, concisely, and starting from the described urban complexity, is to particularly examine the Pla Especial Urbanístic per a la Regulació dels Establiments d'Allotjament Turístic, Albergs de Joventut, Residències Col·lectives d'Allotjament Temporal i Habitatges d'ús Turístic a la Ciutat de Barcelona (PEUAT), and some resolutions on the matter from the Tribunal Superior de Justícia de Catalunya (TSJCat) and, specifically, its application in Ciutat Vella. Therefore, this analysis aims to highlight the urban planning treatment that the Barcelona City Council has given over the last decades to the Districte de Ciutat Vella, one of the most emblematic areas of the city and around which a cosmopolitan city has developed.
The Barcelona City Council, with the PEUAT of January 27, 2017, as well as with its initial modification published on February 1, 2021, aimed to organize the district urbanistically, socially, and touristically. In the same vein was the suspension and regulation of licenses for tourist accommodations adopted by agreement of the local Comissió de Govern published on July 2, 2015, in the Official Gazette of the Province of Barcelona.
At that time, the new regulation caused agitation among entrepreneurs in the tourism and hotel sector. Suffice it to say, as an example, the judgment of May 27, 2019, of the TSJCat, by virtue of an appeal against the PEUAT filed by a hotel company. Among other pronouncements, the judgment ruled the nullity of article 15.4 a) second hyphen of the Plan. Broadly speaking, this precept required reducing by 20% the number of places in tourist establishments in the case of major consolidation, renovation, or rehabilitation works.
The aforementioned judgment also annulled the first additional provision in its third point. This regulated the regime applicable to tourist housing in the district of Ciutat Vella and established that those that by September 16, 2019, did not comply with the new conditions for obtaining a license imposed in the same article had to cease their activity.
Also of interest is the resolution of December 17, 2019, from the same Court, which substantially annulled the first PEUAT. In particular, it declared the nullity of its article 23.6 because the Magistrate understood that the request for authorization to modify tourist uses cannot be limited to the entire building or all its owners as a whole and in full percentage, almost creating an incompatibility with residential activities.
The reviewed judgments determined the red lines that the new PEUAT had to mark.
As a result of these and other pronouncements, the Barcelona City Council drafted the modification of the Plan, whose initial approval was published on February 1, 2021. This modification renders the 2017 PEUAT without effect, but for the moment maintains its essence in relation to the suspension of licenses and communications of different types of tourist establishments, without prejudice to the definitive approval of the document which is pending.
Thus, with the extension of the suspension of licenses, the intention was surely to gain time with the will to organize the district of Ciutat Vella. This same will was shared by the plans that preceded the PEUAT, for example, the Pla Especial d'Establiments Públics i Hotelaria del Districte Ciutat Vella approved two and a half months before the start of the 1992 Olympic Games, or the Planes d'Establiments de Concurrència Pública, Hoteleria i Altres Serveis de Ciutat Vella from the years 2000, 2005, 2010, and 2013.
Said plans, contrary to what seems necessary today, stimulated the establishment of hotels and hotel-apartments classified with three stars or more in the broadest areas of the Ciutat Vella district, for the purpose of restricting the location of catering establishments and prohibiting the granting of new licenses for lower category accommodations such as guesthouses.
The dictation of so much regulation leading to the aforementioned purpose of ordering the neighborhood stubbornly highlights that the objectives have not been achieved by any of the successive administrations. Mass tourism has been increasing and, with it, the offer of tourist accommodations has also increased, hotels that are too large for their location and for the protection of the environment, real estate speculation, the percentage of floating population, and the loss of the social fabric of a large part of Barcelona's neighborhoods.
The dictation of so much regulation leading to the purpose of ordering the neighborhood stubbornly highlights that the objectives have not been achieved by any of the successive administrationsOn the other hand, they are found in Ciutat Vellainternationally known emblematic buildings such as the Palau de la Música Catalana, the Basílica de Santa Maria del Mar or the Palau Güell, which coexist with other buildings that are perhaps more discreet but provide a unique architectural and urban value to the city and whose conservation and maintenance must be ensured.
Preventing the ruin of listed buildings
Additionally, it should be remembered that in Ciutat Vella there are a large number of listed buildings, which brings to light the judgment of April 8, 2019, of the TSJCat, in which the plaintiff is the owner of a building with protection level B (Asset of Cultural Interest), and which is part of the so-called Special Zone 5B "Zona Rambla" according to the corresponding Pla Especial de Ciutat Vella.
In light of the allegations made in the process, it is deduced that the appellants acquired the building with the purpose of carrying out a comprehensive interior renovation and dedicating it to tourist activity. However, this purpose is frustrated by repeated suspensions of licenses by the Administration.
In short, the lawsuit questioned the legality of these administrative pronouncements in the "Zona Rambla" area, whose effects extended largely to the entire Barri Vell.
In the end, the judgment makes a clear admonition to the Barcelona City Council for understanding that successive agreements to suspend licenses for the same area and for the identical purpose cannot be adopted until three years have passed since the date of exhaustion of the effects of the previous one. To be more precise, the Magistrate understands that they exceed all legal limits of articles 73 and 74 of Legislative Decree 1/2010, of August 3, which approves the Consolidated Text of the Urban Planning Law, as well as the provisions of concordant norms such as the Urban Planning Regulation.
The resolution concluded and annulled the suspension of procedures for being contrary to law, pointing out that they are contrary to their "nature as a precautionary measure to guarantee the new urban planning regime, where appropriate, to be established in the new urban planning figure".
As was the case in the previously explained situation, the chained suspension of licenses could lead to a lack of real estate investment lasting years, causing real estate deterioration, loss of architectural value in the neighborhood, and practically stripping many buildings of the cultural interest that had been attributed to them.
Along with many other resolutions of the same nature, it can be seen that the Administration cannot abuse its power to suspend licenses and plans and turn it into an end in itself. If this were the case, the spirit of the norm, which aims to allow a moment of formation, reform, and change, would be distorted.
It can be seen that the Administration cannot abuse its power to suspend licenses and plans and turn it into an end in itselfIn short, it becomes clear that the Plenary of the Barcelona City Council has the duty to reconcile the interests of residents, tourists, and those who live from their presence, through a PEUAT or similar regulation that successfully allows for the improvement of the city's living conditions.Therefore, a successful urban model must be achieved in line with a plural, diverse, and globally admired city like Barcelona.
The situation is not easy, but it can be sensed that the indefinite prolongation of the problem due to a lack of decision-making and negotiating capacity of the agents involved will pose even greater challenges. The difficulties in dictating regulations that protect the city from an excess of tourism and urban speculation should not end with noble buildings threatening ruin, nor can it turn its back on the problems of survival and housing suffered in a city with a large number of inhabitants, with a very high population density and with people with serious economic, survival, and housing difficulties.
A successful urban model must be achieved in line with a plural, diverse, and globally admired city like BarcelonaA city like Barcelona, with great potential, with citizens with plural and open principles and education, and with districts as unique asCiutat Vella, it must undoubtedly be able to find a positive approach and drive a conciliatory solution by joining forces from the various spheres of influence.
Negotiation, consensus, and long-term decisions should be promoted that seek a balance in the protection of the different interests involved, avoiding falling into regulatory labyrinths and guaranteeing a plural, attractive, and cohesive city model over time.