Sustainable Tourism Law

PRIVATE HOLIDAY RENTALS IN SPANISH LAW 187 system, arising from sector regulations, it introduces a vague element in the concept in question. Generally, the uncertainty is linked to whether leasing a home for a short period is subject to a specific legal framework or not. In any event, the LAU regulations phrase it that way. This means that the corresponding sector legislation (normally, tourism legislation) must regulate the area in question. As can be seen in the Explanatory Memorandum, the LAU reform from 2013 was introduced so that these types of leases “are regulated by specific sector regulations or, failing this, the seasonal lease system be applied to them, which remains unchanged’. We will now look at the specific sector regulations for tourism. With regard to the application of the ‘seasonal lease system”, it should be stated that at present it is merely residual: in fact, this type of lease is not regulated in the LAU (see art. 3.2, which expressly excludes it) nor is it regulated by any other civil regulation. This means only the general regulations for the leasing of goods in the Civil Code may be used (articles 1546 and subsequent), with the general freedom of agreement set out in article 1255 of said Code. In other words, seasonal leases would remain a residual category, solely applicable when not dealing with urban leases (in the LAU) or tourist leases (in tourism sector regulations) III. THE ACTUAL SITUATION A) When facing relatively strict legal regulation for the rental of property to tourists, the reality on the ground presents a very different situation: tourist stays in homes are very common in Spanish coastal areas and some major cities, and in many instances the properties are either not registered with the Local Authorities (thus operating underground) or openly fail to comply with bans set out in regional laws. The accommodation figures for holiday leases are unclear but spectacular in any case. By way of example, in the islands where I live (the Balearic Islands), according to reports from ecology organisations who have closely monitored the situation in detail, the Airbnb platform alone offered the not insignificant amount of 161,558 accommodation places/beds across the islands this past month of August (Majorca: 109,196; Minorca: 15,266; Ibiza: 34,607; Formentera: 2,458). These figures have seen an average 2% reduction after the implementation of the new law regulating this area that sets out major fines for