Sustainable Tourism Law

294 SUSTAINABLE TOURISM LAW habitual residence of the dwelling under inspection cannot be alleged in order to avoid the inspection 67 . This last point was also challenged by the Spanish Federation of Holiday Rentals Associations (FEVITUR) before the High Court of Justice of Madrid. The decree of Madrid was considered unlawful because it understands the dwelling as a tourist establishment open to the public, and the Federation maintains that tourist dwellings are private homes, so the right to inviolability of the home allows the owners to deny access to whom they consider appropriate. The Court determines that the homeowners, once they have opted to exploit the house and open it to the public, “must also voluntarily accept the changes of the rights they have when the dwelling is used as private home, because the personal and family intimacy is no more protected and the questions related to the hotel operation prevail” 68 . In this regard, the decree of Andalusia and the Law 13/2016, of 26 July, of the Basque Country (although this law does not have a regulatory development) raise doubts since they allow the rental of single rooms 69 in the house where the owner lives. This poses a dilemma for the administration about how to act during a possible inspection, given the limits to the inviolability of the home of the owner. Only Asturias establishes that the tourism authority will give the operators the official tourist inspection book together with the correspondent reference code after the registration of the business in the corresponding tourism registration. c. Environmental dimension The protection of the natural and urban environments where these tourism activities are carried out is indispensable to achieve the sustainability of the activity. We cannot forget the significance and the impact of this kind of activity on the territory and its direct influence on the destination where it is found. 67 Art. 31. 3 Decree Asturias; Art 17.3 Decree Canary Islands, Art 68.5 Decree Catalonia; Art. 17.3 Decree Madrid; Decree Galicia Art 41.4. 68 Fifth legal ground, Sentencing of High Court of Justice of Madrid No. 303/2016, of 2 June. _ Art. 2.2 Decree Andalusia. 69 Art. 54 Law 13/2016, of 26 July, of Basque Country BOPV no.152, 11 august 2016.