Sustainable Tourism Law

290 SUSTAINABLE TOURISM LAW the constitutional text cannot be considered unlawful, so the decree must be confirmed in that particular point 45 . Other regulations about this kind of accommodation specifically refer to the application of the sectorial regulations on accessibility, and they stipulate the obligation of the operating companies to respect the requirements included in the applicable sectorial regulations, especially those on accessibility (among others) 46 . It is clear that the compliance of housing for tourism use with the regulation regarding the promotion of accessibility and removal of architectural barriers must correspond to private use buildings 47 . b. Economic dimension. Control of public administrations: census-register of dwellings Economically feasible tourism must be profitable for both the tourist service provider and the destination in general. In recent years, collaborative (in principle) web platforms have appeared and monopolised the market. A study commissioned by the City Council of Barcelona in 2016 quantifies, for the first time, the extent of the phenomenon in 15,881 tourist apartments: 9,606 are licenced and the other 6,275 operate without a license. This means that 39.5% of the offer is illegal and operates in a non-regulated space, where problems of professional intrusion and unfair competition affect destinations in general and, in particular, the tourism entrepreneurs that comply with all regulations and controls established by the public administrations. The providers of the service of accommodation in housing for tourism use must also comply with the regulations, which are the same ones that control the traditionally regulated sector that is now at a competitive disadvantage and going through a bad economic juncture. The minimum standards of quality and safety offered by the regulated establishments involve a cost that has to be passed on to the consumer, so this offer is less attractive in the tourism market from an economic point of view 48 . 45 Fifth Legal Ground, Sentencing of the High Court of Justice of Madrid No.303/2016, of 2 June. 46 Art.2 and 27.a) Asturias; Additional provision Castile and Leon; Art.4 Canary Islands; Art. 5 Madrid; Art 2.2 Galicia. 47 As established in Art. 6 Aragon. 48 De la Encarnación, A,M., “El alojamiento colaborativo: viviendas de uso turístico y plataformas virtuales”, en REALA, Nueva Época, no.5, enero- junio 2016, p. 21.