Sustainable Tourism Law

PRIVATE HOLIDAY RENTALS IN SPANISH LAW 197 by the National Commission on Markets and Competition (CNMC) that deemed the minimum five-day period to be an unjustified restriction on competition, also recognizing how the measure lacked any basis in public interest or consumer protection. With regard to procedural requirements, the Decree only requires a statement of compliance for the start of business by the owner of the property and the subsequent registration in the Regional Tourism Companies Register, which provides a reference number that must be included in any advert for the property. In conclusion, we can state that the regulation of holiday properties in the Region of Madrid is not only concise but also particularly liberal: there are practically no substantive limitations on this activity and the property requirements are scarce (there are no limitations in terms of area or type of property, for example). A true principle of free enterprise governs this region in terms of the establishment of holiday properties. 3. Autonomous Region of the Canary Islands The Region of the Canary Islands regulated holiday properties in Decree 113/2015 of 22 nd May 6 , which approves the Regulations on Holiday Homes in said region. The newest aspect of these regulations is the classification of this type of holiday property as a further category of non-hotel tourist accommodation, alongside apartments, villas, emblematic properties and country houses. In terms of establishing a holiday property, the Decree included a major exclusion not seen in other regions – a ban on holiday properties in tourist areas or housing estates, not even in mixed residential-tourist areas, which greatly hindered the ability to establish this type of property in the Canary Islands given the extent of tourist areas in said region. This rule was annulled by the High Court of Justice of the Canary Islands based on a challenge made by the National Commission on Markets and Competition (in a dubious ruling of 21 st March 2017), deeming that it infringed on free enterprise. The regulation in the Decree regarding the minimum fittings required for holiday properties is also a new aspect, since it requires a series of elements uncommon in other regions: e.g. art. 10 describes in some detail the minimum fittings for bedrooms, bathrooms and kitchens. 6 Official Journal of the Canary Islands (“Boletín Oficial de Canarias”) of 28 th May 2015.