TOWARDS A REGULATION OR A DEREGULATION OF TOURIST APARTMENTS 673 to rent any property for holiday use even the permanent place of residence. The owner can rent his house for touristic use himself or ask a third party (natural or legal) so that it can exercise this activity. In these cases, the owner does not have any obligation with the guests as should be written on the contract. The person exercising the activity will be considered as the holder and responsible for handling the requirements established by the regulation. In order to be used for touristic purposes, it is necessary that the property is located in residential land and that the requirement and services of regulations are fulfiled. Any modality of housing is permitted: house, flat, apartment, villa, etc. but the occupancy cannot exceed fifteen places (for entire houses) or six places (for rooms in a house) and, in any case, each room cannot have more than four people27. In Andalusia, like in the other communities, there is no difference of treatment within the deferent categories of housing. As for the application of the abovementioned regulation (Art. 1 DVFT), it is not considered that the property is used for touristic or holiday use when leasing: – occurs without financial compensation; – is superior to two consecutive months to the same user28; – is located in a rural area, in which case the Decree 20/2002 of 29 January of Rural and Active Tourism applies; – is under the tourist apartment regulation29; and – is not permanently offered but only seasonally during the year. As a pre-requirement before the accommodation activity starts, the holder of the service must fulfil and present a declaration in which the respect of the requirements established by the regulations appear, promotion and advertising of the accommodation occurring only after this action (Art.9 DVFT). 27 See ROCA FERNÁNDEZ-CASTANYS, M. L. (2017) “¿Matando…, op. cit., pp. 16 & 17. Regarding the details on VFT: “Unlike other regional regulations, the DVFT does not establish a limit of rooms that a same person can commercialise, so the same person can offer many room in different houses (…) DVFT does not explicit a minimal surface of rooms depending on the people occupying them. 28 See ROCA FERNÁNDEZ-CASTANYS, M. L. (2017) “¿Matando…, op. cit., pp. 14-15. According to him: “The DVFT does not express what is the procedure if the period of two months is exceeded, however it is necessary to note that in that case the nature of the rental would be different and conditions will change. The term will be calculated from date to date according to the regulations on the Civil Code, since this is the nature of this contract”. Madrid, first established that 5 days was the maximum rental period for tourist apartments in Art. 17.3, D 79/2014, of 10 July, but the Madrid Court of Justice in the SS 303/2016, of 2 June and 291/2016, of 31 May, but finally decided to abolish it. 29 See D 194/2010, of 20 April.
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