TOWARDS A REGULATION OR A DEREGULATION OF TOURIST APARTMENTS 669 1. the above-mentioned accommodation forms, in general and until recently, did not have a sectoral or stated regularisation in the regional law, with only a few exceptions; 2. despite the lack of regulation, housing used on this type of accommodation was not considered illegal, since it could not violate a code that did not exist. It was under the rule of law and to the legal vacuum that was created; 3. in the absence of any information on this point, before the adoption of the already mentioned Act No. 4/2013, this kind of activities were considered as a lease for other than habitual residence use. Its regulation was included in the 1994 Urban Leasing Act and in the Royal Decree 2877/1982, of 15 October, on the regulation of tourist apartments and vacation tourist accommodation16; 4. on Article 5 e) of the above-mentioned Act, “the temporary leasing of the whole furnished and equipped apartment for immediate use, commercialised or promoted by tourist offer media where the aim is lucrative if it is under a special regime, deviated from its sector activity is excluded”, which means the final impulse for the regulation of this activity through the new regional regulation measures17 and; 5. the most prominent implications in this regard are linked to the application of the regulation and to the concurrency of two essential requirements for this activity: that the establishments are commercialised or promoted by touristic offer canals and that they are under specific regime according to their sector regulations. In this sense, in the cases in which these requirements do not apply, barring a contrary legal interpretation, these rental properties could be considered seasonal establishments and continue to be regulated by LAU. The regional regulations on tourist apartments and housing show a homogeneous configuration in some of their sections and an opposite one in some other questions. However, it can be summarised that all sections: 1. are based on three key aims – the necessity of protecting the consumer, the encouragement of the quality of the service and the sustainability 16 See MAGRO SERVET, V. (2013). “Aspectos relevantes…, op. cit.; y para la jurisprudencia, entre otras See la STSJ de Madrid 447/2013, of 7 May. 17 Amon others, see: ROMÁN MÁRQUEZ, A. (2014) “Las viviendas…, op. cit. and MARTOS CALABRÚS, M. A. (2014). “El contrato…, op. cit. pp. 91 – 102.
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