This measure has been part of urban planning regulations for 15 years, included with the aim of increasing the city's hotel capacity. It has ended up becoming a free-for-all for all kinds of hotel and tourist flat projects that have flourished in recent years not only in the historic centre, but also in residential districts like Miraflores de los Ángeles and Huelin.
Initially, Mayor Paco de la Torre wanted to exclude four- and five-star hotels from the three-year moratorium, but he ultimately had to abandon this plan after a report from the general secretariat rejected his proposal.
Municipal legal experts warned that such a distinction could not be made, so the temporary halt will apply to all hotel-type accommodations, from tourist flats to hotels of any category.
The proposal is based on current Andalusian urban planning legislation and EU services directives such as the protection of the urban environment, the balance of uses, the mitigation of noise and the guarantee of the constitutional right to decent, adequate and affordable housing.
All opposition amendments to this measure will also be rejected at Thursday's municipal meeting, in most cases because they exceed the scope of the proposed modification.
For the PSOE and Con Málaga parties, this moratorium not only comes too late but also falls short, suffers from gaps that render it ineffective and is insufficient. They have demanded that the temporary suspension of new flats and hotel projects for three years be extended. Vox, on the other hand, rejects the moratorium entirely.
Another item to be approved on Thursday is the limitation, not the ban, on converting ground-floor commercial premises to residential units.
To allow a commercial premises to be converted into a home, the property must meet a new depth requirement. The building must not be deeper than twice the width of its facade. The city council says this rule ensures proper natural light reaches the interior. It also bans any new home from directly adjacent storage rooms within the same registered property.
The new rules also set strict standards for mezzanines and lofts. In all cases, the minimum clear ceiling height must measure 2.30 metres above the floor slab and 2.50 metres below it. Anyone who wants to use a mezzanine as living space must also ensure it covers at least 8.75 square metres.
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