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New law for tourist accommodation in Spain: necessary action

New law for tourist accommodation in Spain: necessary action

New law for tourist accommodation in Spain: necessary action
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.

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Each region has its own regulatory approach, which creates confusion and inconsistency for owners and tourists. This difference can cause uncertainty and difficulty for those seeking to work across the country, highlighting the need for more harmonized national regulation. Harmonizing norms between autonomous communities can simplify the process and promote a fairer environment for all stakeholders. Tourist lodging rentals create local jobs in property management and related sectors, thereby stimulating the economy in the communities where they are located. Contrary to common belief, they are not raising rental prices in the neighborhoods. Visitors who choose to rent tourist accommodations contribute significantly to the local economy through the use of public services, consumption at restaurants, and participation in tourist activities, all of which contribute to the regional economy. These facilities can be a valuable resource in times of economic uncertainty. The introduction of new legislation on tourist rentals in Spain is a measure that, although it may be somewhat counter-intuitive, seeks to strike a balance between tourism and the protection of local communities. In order to achieve effective regulation, it needs to be the result of a constructive dialog between all stakeholders, including homeowners, local residents, authorities and the tourism industry. If agreed and heterogeneity in autonomous regulation is addressed, this new regulation could go a long way towards ensuring sustainable and profitable tourism for all in Spain.

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