Sustainable Tourism Law

SUSTAINABILITY AND SOCIAL RESPONSIBILITY IN THE REGULATION 283 SUST INABILITY AND SOCIAL RESPONSABILITY IN HOSTING II. SUSTAINABILITY OF TOURISM IN THE REGULATIONS OF SPANISH AUTONOMOUS COMMUNITIES. OVERVIEW The use of private rental is a legitimate, familiar and even socially healthy option, but it is often related to the tourism sector. In that case, the participants in this activity (all of them) must follow and comply with the rules of the game that have been imposed on the others. We are facing a tourist activity that must be regulated not only due to the competition it creates (unfair competition, black economy, neighbourhood problems, urban impact, gentrification, etc.) but also because the quality and sustainability of a destination like Spain is called into question 7 . The aim of the regulatory activity about holiday homes carried out by regional administrations during the last few years consists in determining the conditions and requirements those homes must meet, so they are now included in the regulation of tourist accommodation establishments as a new type within the non-hotel category. In most of the analysed regulations, the reasons for the need for regulation of housing for tourism use are: public security, protection of users of tourist services and protection of natural and urban environments. In particular, the scopes of the rules are stated in the explanatory statements. Therefore, the Decree 28/2016 of Andalusia stipulates that the protection of natural and urban environments is one of the reasons that justify the need to regulate this subject matter.The significant impact of this kind of accommodation on the territory, the community where it is located and the neighbourhood coexistence cannot be ignored 8 . Sustainable development is one of the main axes on which the tourism policy must be based. Tourism planning has a significant territorial, environmental and landscape dimension. Other regulations also mention that the intervention of the administration is based on the protection of natural and urban environments and the preservation of historical heritage 9 . Moreover, although they do not directly mention the environment, they mention 7 Guillén Navarro, N.A., La vivienda de uso turístico y su incidencia en el panorama normativo español , in Revista Aragonesa de Administración Pública, No. 45- 46, p.140. 8 Explanatory statements of Decree 28/2016, of 2 February, on housing for tourism use and of amendment of Decree 194/2010, of 20 April, on establishments of tourist apartments, BOJA no.28, 11 feb 2016. 9 Decree Asturias 48/2016, of 10 August, on holiday homes and housing for tourism use, BOPA no. 194 20 Aug. 2016.