Legal Limitations on the Tourist Use of Housing in City Centers
摘要
One of the main current concerns on urban planning is the growth of tourist housing in city centers. There has been a proliferation of hostels, tourist apartments and other kinds of short-term use in residential buildings. These forms of accommodation favor massification and modify the appearance of neighborhoods by progressively displacing traditional residents and commerce. Transformation from residential to tourist use leads to an important increase in rental prices, which forces residents to leave city centers and makes life more uncomfortable for those who remain. The Court of Justice of the European Union (CJEU) has ruled on the compatibility between European law (Directive on services in the internal market) and municipal regulations subjecting the establishment of tourist accommodations to authorization and offset requirements. This paper focuses on the jurisprudence of the CJEU and its reflect in several Spanish cities.