Sustainable Tourism Law

306 SUSTAINABLE TOURISM LAW in the regulation and definition of this new collaborative tourism. The emergence of new supply and demand channels in which collaborative accommodations take shape (marketplaces) entails a change in the relationships between public powers, citizens (owners and businesses that provide services), new intermediary platforms and consumers (users). And these relationships are not susceptible to classic administrative policy interventions. Rather, they demand new public/ private collaboration formulas and spaces from regulating powers. In this regulatory era with a sharing economy, traditional administrative intervention techniques must adapt to the framework of market unity, open competition and the European Services Directive. II. THE REGULATION OF COLLABORATIVE ACCOMMODATIONS AND THE JUSTIFICATION FOR ADMINISTRATIVE INTERVENTIONS LIMITING THE PROVISION OF THE SERVICE II.1. The principle of sustainable and urban spatial development and the connection between urban planning, housing and tourism The regulatory changes that have come about under the LAU via Law 4/2012 are basically the reason behind 12 of Spain’s autonomous communities regulating the legal framework governing the vacation rental of residences. However, despite the establishment of legal requirements concerning urban leasing and the subsequent ratification of new autonomous community-level regulations, it is clear that the recent explosion in the number of dwellings marketed as short- -term vacation rentals via marketplaces (thus not subject to the LAU but subject to autonomous community-level tourism regulations) has been impossible to control, and this has placed a great deal of pressure on cities and spaces in various ways: overcrowding of the urban space; restrictions on access to the real estate market; urban environmental degradation and an increased strain on resources, infrastructure and services. As previously mentioned, the regulation of this new kind of tourist accommodation cannot forego addressing issues related to urban planning, spatial planning and housing policies. Other aspects, such as setting up areas where the supply is concentrated, providing adequate infrastructures and ensuring a sufficient supply of housing at a reasonable price for the resident population, must not be pushed to the side in the regulation of collaborative accommodations, so as to ensure a rational planning of the urban space that guarantees a sensible coexistence between tourists and residents alike, minimizes

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