Sustainable Tourism Law

198 SUSTAINABLE TOURISM LAW In turn, the Decree also contains some rules already seen in other regions: no renting by rooms (although this rule was also annulled by the High Court in the islands) and properties subject to horizontal property law may only house holiday properties if said activity is not banned by the statutes of the respective owners’ association. Lastly, the Decree also requires both parties to formally sign a document before occupying the property that sets out the fundamental terms and conditions of the contract. In terms of the procedure for establishing these properties, the Decree states that the operator must make a formal statement of compliance for the start of business to the Island Council, on the respective island, and that this should be automatically registered with the General Tourism Registry of the Autonomous Region, which assigns a registration number for the property to be displayed in all adverts for the property. That being said, the aforementioned ruling by the High Court of the Canary Islands removed the registration obligation as a requirement before starting the business. 4. Andalusia The Andalusian regulations in this area are based on Decree 28/2016 of 2 nd February regarding properties for tourism purposes 7 . The following are the new- est aspects in said Decree: a) Concept (art. 3): Properties for tourism purposes are deemed ‘those located in buildings on residential landwhere in exchange for financial compensation accommodation services shall be provided... habitually and for tourism purposes. It shall be assumed that there is a habitual and tourist purpose where the property is marketed or promoted on tourism sales channels.’ b) Scope of application (art. 1.2): The Decree excludes certain types of property from this arrangement, undoubtedly the main limitation contained therein regarding the use of property for tourism purposes: – property contracted continuously for over two months; therefore, the maximum period is 2 months in this region, differently from most others places, that set a period of one month 7 Official Journal of the Regional Government of Andalusia (“Boletín Oficial de la Junta de Andalucía”) of 11 th February 2016.