New law for tourist accommodation in Spain: necessary action

The regulation that governs tourist accommodation in Spain is subject to improvements in several key aspects. Over the years, we have seen legislation that is largely aimed at preventing the negative effects of speculation in the real estate market. However, before embarking on a process of trial and error in search of the ideal regulation for this type of accommodation, we should study the practices adopted by other countries that have already gone through this phase and adapt these experiences to the Spanish reality.

Before going into detail, it is important to establish a clear definition of what constitutes tourist accommodation, with particular emphasis on the conditions and temporality of such accommodation. Just as a hotel must follow certain safety regulations to ensure the protection of its guests, tourist accommodations must follow similar regulations. This means that a clear and uniform license must be obtained before any lease is authorized, which will define aspects such as the minimum required space, required security measures, and other mandatory requirements. The essence of tourist accommodation lies in its secondary nature: it is a property that is usually unused for a few months of the year. In other words, housing available for rent year-round should not be classified as tourist accommodation because the owner has no real intention of using it. There is an ongoing dispute about the maximum duration of authorized tourist accommodation rentals. For example, Paris has a limit of 120 days per year, while Berlin and London have a limit of 90 days and 90 nights respectively. In Spain, it is important to define this temporality concretely, not necessarily repeating these examples, but adapting them to the local reality.

An important problem that Spain faces is the heterogeneity in the regulation of tourist accommodation between the different autonomous communities.