Sustainable Tourism Law

SUSTAINABILITY AND SOCIAL RESPONSIBILITY IN THE REGULATION 287 SUST INABILITY AND SOCIAL RESPONSABILITY IN HOSTING is the case in Galicia (Art. 41.5): ‘The destination as housing for tourism use is not possible if it is prohibited in the bylaws of the community of owners that are duly registered at the Property Register under buildings submitted to the horizontal property regime’; as well as in Catalonia (Art. 68.6); La Rioja (Art. 67.1) and the Canary Islands (Art. 12.2). It is remarkable that the regulation of Asturias provides that, despite the explicit prohibition in the bylaws of the community of owners, the tourism use of dwellings can be permitted if there is a written consent by the community 25 . This option is not found in any other regulation. According to the above mentioned issues, it seems reasonable that the declaration of responsibility (prior to the beginning of the activity) must state if the apartment is located in a building submitted to the horizontal property regime, if the bylaws of the community of owners do not prohibit that kind of use 26 or establishes restrictions to the use of the housing 27 or, in case there is such a prohibition, the declaration must include the existence of the written consent by the community 28 . Secondly, it is also usual that the rules prohibit users/clients/tourists from carrying out any activity that contravenes the rules of coexistence , public hygiene and public order, or that disturb the normal rest of the other users in the building 29 . Some regulations are supplemented by referring to municipal ordinances 30 , that is, to the obligation to leave the facilities in the conditions they were found 31 or to “not disturb the normal rest of the other users in the building” 32 . We should note how in very few occasions the prohibitions in the rules are supplemented with a real system of infringements and penalties. In this respect, the statement of the Catalan decree seems very appropriate: “In case the user of a tourist dwelling contravenes the basic rules of coexistence or breaks the 25 Art. 27.b Decree Asturias. It establishes as obligations of the operating companies (that will be responsible for the compliance) to prove that the tourism use of the dwelling is not forbidden by the urban planning of the area where it is located or by the bylaws of the community of owners duly registered at the Property Register under buildings submitted to the horizontal property regime. If there is a prohibition in the bylaws, the authorization must be expressed by the community in a written consent. 26 Art 30.1.k) Decree Galicia. 27 Art.14 Decree Aragon. 28 Art. 30.2 Decree Asturias. 29 Thus, Art. 28.e) Asturias and Art. 71.e) La Rioja. 30 Art. 12.e Decree Asturias: ‘In accordance with the applicable municipal ordinances’. Likewise, Art.27.1.i Decree Castile and Leon. 31 Art. 27.1.e) Castile and Leon. 32 Art. 5.b) Decree Canary Islands.