TSJC cancels Catalan norm regulating room rentals to tourists

The arrangement of tourist rental rooms in private homes – the figure called shared homes – has been around for only a few years, but the debate is still open. this Veins and Hosts Association (ViA) He applied to the court to show his objection and reached a favorable decision. High Court of Justice of Catalonia (TSJC) has decided to annul part of Decree 75/2020 of Turisme de Catalunya due to official defects in its processing. Government sources replied sentence is not final and they will object to it in the coming days so that it does not affect the validity of the regulations at this time. The same idea emphasized Town hallAlthough the association will make the contract requesting it temporary execution with the thought of hosting travelers East summer.

The Generalitat included this figure in its tourism law in a purgatory of illegality years later. By shared house we mean the rental of rooms in private homes for short stays, which the Barcelona City Council strongly rejects — by ‘communes’. Finally, it was decided to limit it to operators who previously had tourist apartment licenses in the city and chose to abandon this activity and switch to rental rooms. something In practice, it almost means a ban.because it does not concern the industry, nor did it allow the ‘home-built’ homeowners who rented rooms in their homes to continue.

The consortium took this decision thinking that this would be the case. illegality is very difficult to control and prevent, but with the idea of ​​further developing the subject with a regulation. Socialist government partners are there to work to get to know it in a local context.

ViA, “continuous Significant changes made to the draft Legislative Decree No. 75/2020 From 2017, before it was approved in 2020, it had to be submitted for consideration at a public hearing for discussion, but that did not happen,” explains his lawyer, Dylan Tarín. Discussions between the Generalitat Tourism Department and the city council were important enough to repeat the previous process.

Sources tourism To this newspaper in the next few days will appealdoes not affect the current regulation as it is an imprecise provision. They also claim that this is an official matter — perhaps fixable — and does not affect the recognition of activities and regulations adopted by each municipality.

The Barcelona council said the decision was “not final and now city ​​council is reviewing itWe expect the Generalitat to move forward in this regard”. The municipal powers in the regulation on this issue are based on Law No. 13/2002 of Turisme de Catalunya, which determines that the municipal councils have the power to prepare planning tools, and that “arrangements to regulate tourist accommodation activities in houses for tourist use and in shared houses can develop and set specific requirements for the execution of these activities in accordance with the current legislation”. In this context, the Barcelona rules of the game recently appeared. Updating the Special Urban Plan for Tourist Accommodations (PEUAT).

Via continues to argue that renting rooms in private homes serves many Barcelonans. go to the end of the month. He was so critical that the activity lost its special character in its pursuit of professionalisation. And more so, by the fact that the city council prioritizes the “modality of tourist houses in the hands of large owners” and, in his opinion, creates real problems of coexistence and attracts more than 9,000 houses. only housing market. in Barcelona”.

Tarín emphasizes that the VIA will seek provisional execution of the sentence, but this has been submitted to the court. Conselleria d’Empresa i Treball and General Directorate of Tourism To cooperate “in a new part of the said decree, which guarantees citizen participation, the legality and legal certainty of the activity”. Otherwise, they think, all sanctions imposed on those who choose to continue to welcome tourists in their homes from now on may be revoked after a while (as with unlicensed tourist apartments), if justice is finally justified.

Source: Informacion


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