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

The emerging exponential growth of tourist dwellings within the Spanish tourist activity is an unavoidable reality, however, both for direct competitors (hotel sector), as well as for a substantial part of the agents of the tourist sector and citizenship, they must find a fair, equitable and regulated fit, in order to obtain a comprehensive legal and social security.Despite the unquestionable nature of this social and legal need, the regulatory framework of the current tourist housing (hereinafter VUT) must be based on a guaranteeing regime aimed at preserving the rights of safety, quality, consumer information, urban and neighborhood planning, contributing in an orderly, regulated and supervised manner to the "welfare system" advocated by the CNMC, but in a coherent way.Notwithstanding the above, the current legislative scenario, dispersed in the Autonomous Regions and lax in many cases, is neither univocal nor decisive in its sanctions, which leads to the anarchic and/or clandestine coexistence of many of the VUTs both in historical centers of capital cities and in coastal areas.Given this imprecision, which translates into legal loopholes, the firm that writes this article and the majority of legal experts in this sector, warns the competent national and regional authorities of the need to deploy actions in different sectors of the political, social, administrative and legal sphere in a safe and accuratemanner , since the absence of specific general regulatory regulations means that no specific and direct action can be taken.This drawback implies the need to act with prudence and in a measured manner, since an unfounded legal action can undermine the general aim pursued by the agents affected by this anarchic expansion -in some cases- of tourist housing in the historical and neuralgic centers of the Spanish capitals.Despite the fact that Spain is a State of Autonomous Communities (ex. Art. 149 of the Spanish Constitution), we must be aware that the regulations at State level exist, but in this case, they only need to be adapted to guarantee fair competition between old and new operators. This should be the aim of the initiatives described below:

• To promote the adaptation of current national legislation to the new tourism reality.
• To urge the European Commission for such a change.
• Indirect pressure through the only specific legal sources (autonomous and local).
• Extend the progress achieved in tax matters as will be developed below.
• Review of tourism regulations and modernization of existing regulations.

Let us therefore trust in the good intentions preached by the new competent Ministry. Let us begin with this national adaptation through the regulation of urban dwellings (Urban Leases Law) and let it harmoniously invade the autonomous legislations with common and regulated principles that allow a fair coexistence of this type of dwellings and the rest of tourist lodgings/hostels. So be it.

Marta Rosas (T&l Director)

Article published in the September edition of the monthly newspaper CEHAT