Aprovació de l'Ordenança Reguladora dels Habitatges d'Ús Turístic de Sitges
Prior public consultation on the approval of the Tourism Ordinance of the Tourist Use of Sitges
Aprovació de l'ordenança reguladora dels habitatges d'ús turístic de Sitges
30/06/2021 - 13/07/2021
Process phases
About this process
The Sitges Town Council initiates the public consultation prior to the approval of the Tourism Ordinance of the Tourist Use of Sitges.
a) Problems that are tried to solve with the initiative; Need and opportunity for its approval
With the promulgation of Decree 159/2012, of November 20, of tourist accommodation establishments and tourist use houses, a legal regulation of this activity is established. In accordance with the definition established in this decree, they are considered as homes for tourist use those that are granted by its owner, directly or indirectly, to third parties, in a repeated manner and in exchange for economic compensation, for a seasonal stay, in conditions of immediate availability and with the characteristics established in this Decree.
In accordance with this Decree, the homes of tourist use require the corresponding prior notification of activity to the corresponding City Council, signed by the owner and, where appropriate, by the natural or legal person to whom the owner entrusts housing management.
With the 159/2012 Decree, the Generalitat became the first State Administration to regulate a practice that was increasingly taking more force as an alternative to traditional tourist accommodation services, and that it was transforming the market of " These services, since it houses tourist use, despite not being considered as an establishment, they were still a new form of tourist accommodation, in such a way that its legal system was made up of its double nature: The one of housing and the one of economic activity.
The Decree 159/2012, and Law 13/2002 on tourism (which was modified to include the figure of the homes for tourist use) regulated this activity by submitting it to the previous communication system, while also foreseeing a series of obligations for the owners and / or individuals or legal entities that manage the housing, with the consequent sanctioning regime in case of non-compliance.
The irruption of tourist use houses has led to a significant increase in tourists in both Sitges and other municipalities, since on the date on which this report is issued the number of tourist use homes formally enrolled in the register Municipal is 1,741. This increase, and the fact that housing is often used at the same time by a number of people higher than that provided for the habitability certificate, have led to an increase in the problems of citizen coexistence.
Article 66 of Law 13/2002 attributes tourist competencies to the councils of Catalonia. Likewise, both articles 50 bis and 68 of the aforementioned law show that municipalities have inspection and sanction powers in matters of tourism. For its part, article 72 of Decree 159/2012 grants the town councils sanctioning powers in the matter of housing for tourist use.
In conclusion, given that there is sufficient legal capacity for the City Council to specify and develop, without contradicting, the obligations set forth in Law 13/2002 and Decree 159/2012, it is considered appropriate to have a municipal ordinance regulating housing tourist use that helps to deal with the exposed issues
b) Objectives of the norm
In light of the foregoing, the objectives of the norm must be to develop and specify, without contradicting, the obligations that both the Law of Tourism and the Decree 159/2012 establish the owners and natural or legal persons in charge of the management of the houses of tourist use.
c) Possible alternative regulatory or non-regulatory alternatives
Although sectoral regulations already regulate the obligations of owners and managers, it is considered that a more detailed and detailed regulation of obligations can help to ensure better service and avoid possible incitement to users.
Promoter group
Ajuntament de Sitges
Start date
March 13, 2019
End date
March 28, 2019
Reference: sitges-PART-2022-05-759
Statistics
7
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