The annual report of Spain's Defensor del Pueblo (Ombudsman) refers to complaints received in 2017 from property owners who consider that their rights have been violated through regulation of holiday rentals in different regions of the country.
The Ombudsman, Francisco Fernández Marugán, says that rentals represent a regulatory sector that is "prone to conflict and complaint". The types of complaint range from new requirements for rentals activity to the authorisation given to residents' communities to prohibit it. It is noted that responsibility for regulation lies with regional governments and that it was excluded from the national tenancy legislation.
The report believes that rentals regulation draws into question the legitimate rights of owners to obtain an economic return from their properties, but it also considers that other rights and interests are equally worthy of protection, such as urban and environmental planning and the right to privacy of other residents in a property. Legislators are therefore encouraged to find an "acceptable balance" between respecting the "liberalising framework of services activities contained in European regulations and the need to adequately protect other interests". These interests include a right to housing, people's security and an "obligation to contribute to the support of public expenditure".
Specifically where the Balearics are concerned, Sr. Fernández refers to what was an "alegal" activity (one without total legal clarity) and to new regulation that is provoking disagreement. Observing that Balearic law opens up the possibility of establishing a maximum ceiling in terms of the number of tourist accommodation places and also of defining areas suitable for the commercialisation of rentals (zoning), the report says that the "suitability and proportionality of intervention instruments could be evaluated by the Ombudsman".
The Ombudsman in Spain cannot modify legislation and nor can the office instruct governments. However, if the office finds that constitutional rights have been violated, it can recommend that measures are taken to remedy the situation. If the office is convinced that legal enforcement can lead to unfair situations, it can petition the amendment of specific legislation. The annual report is submitted to the Spanish parliament.The annual report of Spain's Defensor del Pueblo (Ombudsman) refers to complaints received in 2017 from property owners who consider that their rights have been violated through regulation of holiday rentals in different regions of the country.
The Ombudsman, Francisco Fernández Marugán, says that rentals represent a regulatory sector that is "prone to conflict and complaint". The types of complaint range from new requirements for rentals activity to the authorisation given to residents' communities to prohibit it. It is noted that responsibility for regulation lies with regional governments and that it was excluded from the national tenancy legislation.
The report believes that rentals regulation draws into question the legitimate rights of owners to obtain an economic return from their properties, but it also considers that other rights and interests are equally worthy of protection, such as urban and environmental planning and the right to privacy of other residents in a property. Legislators are therefore encouraged to find an "acceptable balance" between respecting the "liberalising framework of services activities contained in European regulations and the need to adequately protect other interests". These interests include a right to housing, people's security and an "obligation to contribute to the support of public expenditure".
Specifically where the Balearics are concerned, Sr. Fernández refers to what was an "alegal" activity (one without total legal clarity) and to new regulation that is provoking disagreement. Observing that Balearic law opens up the possibility of establishing a maximum ceiling in terms of the number of tourist accommodation places and also of defining areas suitable for the commercialisation of rentals (zoning), the report says that the "suitability and proportionality of intervention instruments could be evaluated by the Ombudsman".
The Ombudsman in Spain cannot modify legislation and nor can the office instruct governments. However, if the office finds that constitutional rights have been violated, it can recommend that measures are taken to remedy the situation. If the office is convinced that legal enforcement can lead to unfair situations, it can petition the amendment of specific legislation. The annual report is submitted to the Spanish parliament.