Analysis of the sectorial normative for the rental of housing for touritst use

Abstract

 In this paper, the aim is to carry out an analysis of a type of tourist accommodation that consists of the vacation rental of the usual dwellings or parts of them by their owners. The growing number of tourists who, for various reasons, choose this option, as well as its exclusion from the Urban Leases Law 29/1994, of November 24, has forced the different regional legislators to regulate it, by virtue of the assumed competence in accordance with article 148.1.18ª of the Constitution. We proceed to the comparative study of the territorial regulations and a critical judgment of them, highlighting the legal problems posed by the legislative oversamension on this matter, as well as the heterogeneity of the content of the rules that causes that, depending on the territory in which it is located, its regulation differs significantly. This circumstance has given rise to the existence of significant differences in the different aspects such as the denomination, the requirements, capacity and configuration of the dwellings, the administrative procedure for the start of the activity, its registration in the Register… causing unnecessary confusion and legal uncertainty that could be solved by enactment of a Basic Law that establishes the minimum principles required.