Sustainable Tourism Law

SUSTAINABILITY AND SOCIAL RESPONSIBILITY IN THE REGULATION 285 SUST INABILITY AND SOCIAL RESPONSABILITY IN HOSTING due, in large part, to the fact that their carrying capacity has been exceeded. The proliferation of unregulated housing for tourism use is heavily linked to this situation. For this reason, one of the first aspects that the autonomous communities want to regulate is the maximum capacity of the dwelling and how to keep it from being exceeded. Also related to this aspect is the good neighbourhood coexistence. In order to achieve this aim, the regulations apply different solutions: that the bylaws of the community of owners do not prohibit this kind of housing; prohibit users fromcarrying out any activity that contravenes the rules of coexistence, public hygiene and public order; existence of internal rules; establishment of the consequences of the infringements, etc. The occupancy/capacity/places of the housing for tourism use is usually related to the number of double or single bedrooms in the dwelling 13 or the number of beds in the bedrooms 14 . The decrees of Castile, Leon and Aragon also establish the minimum dimensions of the bedrooms: those under 7m 2 (6m2 in the case of Aragon) will be single (just 1 bed), up to 10m2 will be double, and 4m 2 are needed for each additional bed, without including areas for baths and terraces. Some autonomous communities, like the Canary Islands, when considering the minimum dimensions and the number of useful square meters as well as the occupancy according to the number of double or single bedrooms, refer to the Decree 117/2006, of 1 August, on Habitation Conditions of the Housing and Obtaining Habitation License 15 . Therefore, the habitation license, the occupancy license or the first occupancy license will determine the maximum capacity of the dwelling. In general, these documents must accompany the declaration of responsibility regarding the start of activity 16 . The other autonomous communities just refer to this issue in general terms or they do not mention it at all 17 . On the other hand, many Spanish regulations on this subject prohibit exceeding the accommodation capacity. This prohibition is aimed to both 13 Art. 13 Decree from Asturias. 14 “…including bunk beds, and by the number of convertible beds or bed-furniture found in the living room, included supplementary beds. Double beds count as two places and cradles do not count as places.” Art. 5 Decree of Castile and Leon. 15 Art 9.2 Decree Canary Islands, BOC no.161, 18 august 2006. 16 The documents are mentioned in the following Decrees: Navarre Art. 67: “Dwellings cannot be occupied with more places than those mentioned in the license’; Canary Islands Art. 5.1: ‘It is forbidden the accommodation of a larger number of persons than the one that corresponds to the dwelling which is established by the number of bedrooms and occupancy, according to the data included in the declaration of responsibility of occupancy of houses and facilities or, when applicable, the habitation license or the first occupancy license”; Andalusia Art. 2: “The maximum capacity will be limited as provided by the occupancy license”. Decree of Andalusia 28/2016, 2 feb, BOJA no.28, 11 feb. 2016. 17 Like Decrees Madrid or Galicia.