Sustainable Tourism Law

284 SUSTAINABLE TOURISM LAW the ‘quality of tourist destination’ 10 , ‘quality of the offer’ 11 or the need to ‘mitigate the effects of the immersion in the tourism sector of an uncontrolled oversupply of housing for tourism use’ 12 . We cannot forget the significance and the impact of this kind of activity on the territory and its direct influence on the destination where it is found. Its development must also be socially just, in other words, both the local host community and the destination where it is found must benefit without causing problems to this tourist reality. Sometimes it is not so easy, and overcrowding and coexistence problems affecting the host community can appear when the carrying capacity is exceeded. Sustainable tourism must also be economically feasible, profitable both for the tourist service provider and for the destination in general. When the offer is illegal, the activity is developed in an unregulated space where problems of professional intrusion and unfair competition appear, affecting destinations in general and, in particular, the tourism entrepreneurs that comply with the regulations. Now, we must ask ourselves if the new decrees regulating the accommodation in housing for tourism use really comply with the sustainability principles. II.1. Measures employed in the regulatory rules on housing for tourism use a. Social dimension: carrying capacity, neighbourhood coexistence and accessibility measures a.1. Carrying capacity One of the most conflictive points is the fact of exceeding the carrying capacity of the destination because it inevitably disrupts the citizen coexistence and, specially, the neighbourhood coexistence. As it could be observed during the summer of 2017, one of the most commonly mentioned complaints about this kind of tourism (called collaborative) is how much of a nuisance it is for the environment and the local residents. Destinations are overcrowded and this is 10 “There is a significant increase in the use of tourism accommodation, so the law was amended in order to control situations of unqualified practice and unfair competition that can affect the tourism destinations”. Decree 3/2017, of 16 February, for regulating the establishments of accommodation in the modality of housing for tourism use in the Autonomous Community of Castile and Leon, BOCL no.33, 16 feb. 2017. 11 Thus, the Decree 12/2017, of 26 January, to regulate the management of tourist planning, tourist dwellings and dwellings for tourism use in the Autonomous Community of Galicia, DOG no. 29, 10 feb. 2017. 12 Decree 79/2014, of 10 July, to regulate tourist apartments and dwellings for tourism use in the Autonomous Community of Madrid, BOCM no. 180, 31 july 2014.