Housing for tourist use. Balance between operational solutions and legality in the state of autonomous communities

The emerging exponential growth of housing for tourist use within the Spanish tourist activity is an unavoidable reality, however both for direct competitors (hotel sectors) and even for the substantive part of the agents of the tourism sector and citizens, who must find a fair, equitable and regulated fit, in order to obtain comprehensive legal and social security. Despite the unquestionable nature of this social and legal need, the regulatory framework of current housing for tourist use, (in henceforth VUT) must be based on a guarantee regime aimed at preserving the rights of security, quality, consumer information, urban and neighborhood planning, contributing in an orderly, regulated and supervised manner to that “welfare system” advocated by the CNMC, but in a coherent manner. That is, through the payment of taxes, contributions from its workers, and in any case, subject to administrative and civil regulations of mandatory compliance. Notwithstanding what has been said, the current legislative scenario, dispersed in the Autonomous Communities and lax in many of its cases, it is neither univocal nor decisive in their sanctions, which leads to the anarchic and/or clandestine coexistence of many of the VUT both in historic capital centers and in coastal areas. Given this imprecision translatable into legal loopholes, on the part of the firm that subscribes to this article and most of the jurists studying this sector, we warn the competent national authorities, as well as regional authorities, of the need to deploy actions in different sectors of the political, social, administrative and legal spheres in a way safe and accurate, since the absence of specific general regulatory regulations means that a single specific and direct action cannot be taken.This inconvenience entails the need to act prudently and in a measured manner, since an unfounded judicial action can weaken the general purpose pursued by the agents affected by this anarchic expansion - in some cases - of housing for tourist use in the historic and nerve centers of Spanish capitals. Thus, despite the fact that Spain is a State of Autonomies (ex. Art. 149 of the EC), we must be aware that regulations exist at the state level, but in this case, You just have to adapt it ensuring fair competition between old and new operators. This must be the vocation pursued by the initiatives described below:

• Promote the adaptation to the new tourist reality of current national legislation.
• Urge the European Commission for such a change.
• Pressure indirectly through the only specific legal sources (regional and local).
• Expand the progress made in tax matters as will be developed below.
• Review of tourism regulations and modernization of existing ones.

Let us therefore trust in the good intentions preached by the new competent Ministry. Let's start with this national adaptation through the regulatory standard for urban housing (Urban Leasing Act) and that it harmoniously invades regional laws with common and regulated principles that allow a fair coexistence of this type of housing and other accommodations/tourist accommodations. So be it.

Marta Rosas (T&l Director)

Article published in the September edition From the monthly newspaper CEHAT