The rise of digital platforms like Airbnb has transformed the vacation rental industry, while revealing a new range of legal and social challenges. Such a change, referenced in various BOE publications and Ministries pronouncements, puts in the balance the rights of the owners who seek an extra income and those of the neighbors in search of the long-awaited tranquility.
What does the law say about tourist homes in Spain?
The legal framework that regulates tourist homes in Spain is dispersed in several regulations, from the Urban Leasing Law (LAU), through the Horizontal Property Law (LPH), to the various regional and municipal regulations. According to these laws, the use of a home as tourist accommodation may be subject to a license, and in many cases, to the approval of the community of owners.
How does it affect my community of neighbors?
For many residents, the constant entry of tourists into their building can be a source of discomfort and conflict. In addition, the frequent use of homes as tourist accommodation can cause an increase in rental prices and contribute to the gentrification of neighborhoods.
What rights do I have as an owner and as a neighbor?
As the owner, you have the right to rent your home on tourist terms, as long as you comply with tax obligations and legal requirements. However, as a neighbor, you have the right to have your coexistence and tranquility respected, which may imply limitations on the tourist use of the homes in your building.
What role does Airbnb play in all of this?
Airbnb, as an intermediary, is limited to connecting owners and tourists. However, the platform has a responsibility to ensure that its hosts comply with local laws. In recent years, the company has initiated collaborations with local administrations to promote compliance with regulations and avoid conflicts.
In conclusion, the phenomenon of tourist housing, promoted by platforms such as Airbnb, has brought as many opportunities as challenges. It is essential that both owners and neighbors are aware of their rights and obligations in order to live together harmoniously and take advantage of the benefits that this new form of tourism can bring.