TOWARDS A REGULATION OR A DEREGULATION OF TOURIST APARTMENTS 671 5. submit this activity to a previous communication or affidavit 21. This requirement arose some issues regarding the authorisation used until recently; the authorisation had been made for legal purposes, while the affidavit involves a posterior control that can be problematic for the neighbours ignoring such activity. Some legal techniques have been established, such as guaranteeing the fulfilment of the activity requirements. As indicated by Esteve Pardo, a third party emerges: the “private certificate institutions”22, like the Anglo-Saxon Common Law proceeds. Finally, after the polemic effectiveness of the control techniques, other legal outlines appear. In this sense, the professors Font i Llovent and Vandelli affirm that “We are working within not regulated contexts, but also, under the pendular law, with the impulses of a new regulation within the market dynamics”23; 6. establish that its entry in the Tourism Register of their region is obligatory; 7. detail the rights and obligations for the users, among which we can underline the right to ask for the features, characteristics and conditions that the establishment offers in the advertisements for commercialisation24. Regarding the obligations, not to make any work or fixation in the property without previous authorisation, not to host more people than the maximal permitted capacity and not to use the place for a different aim than the one contracted are to be pointed; 8. list the rights and obligations of the business owners, among which we can distinguish the use of the given modality as well as the payment for the given services. Concerning the obligations, it is to be noted the one about preventing the administration of the beginning of the activity (previously) through a responsible declaration, controlling the occupation by the Registry Book, and preventing of the end of the activity, changes 21 See ESTEVE PARDO, J. Lecciones de Derecho administrativo, 16th ed., Marcial Pons, Madrid, 2017 pp. 355-393. This author states that “The classic administrative activity of police or limitation of the Administration has moved from the authorisation prior to the exercise of the activity to the communication and declaration of activities and services by individuals”. 22 See ESTEVE PARDO, J. “Decidir y regular en la incertidumbre. Respuestas y estrategias del Derecho público, in DARNACULLETA I GARDELLA, M. M.; ESTEVE PARDO, J. & SPIEKER GEN.DÖHMANN, I. (eds.) (2015). Estrategias del Derecho ante la incertidumbre y la globalización. Marcial Pons, Madrid, pp. 33-46, who points out that a phenomenon is occurring, which goes “From the regulation to self-regulation in the face of uncertainty and globalisation”. 23 See FONT I LLOVENT, T. & VANDELLI, L. (Dirs.) (2018). Ordenación jurídico-administrativa del turismo, ed. Atelier-Facultat de Dret-Universitat de Barcelona, Barcelona, p. 13. 24 According to the regulations actually in force about advertising, e-commerce and costumer and user defense.
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