Court Bonaire: Enforcement of Short-Term Rental Ban Stands
KRALENDIJK – The court in Bonaire has ruled that the Executive Council is allowed to take action against the rental of homes to tourists for periods shorter than three months. This ruling concerns nine property owners in the Sabal Palm neighborhood, who are in violation of the Spatial Development Plan Bonaire (ROB).
According to the Spatial Development Plan, only residential use is permitted on properties in this area. Short-term rentals to tourists are not allowed. Several owners had requested an exemption from this ban, but their requests were denied. The court has upheld this rejection.
The property owners unsuccessfully cited a transitional provision in the Spatial Development Plan that allows recreational use if it had been occurring before 2010. However, they were unable to prove that their homes had been rented out for recreational purposes at that time. The court has stated that the Executive Council may prioritize enforcement in the Sabal Palm area and has indicated that checks will also be carried out in other neighborhoods.
An exception applies to one owner who temporarily rents her property to Dutch doctors working on Bonaire. This is not considered recreational rental, so enforcement will not apply in this case.