ORIGEN Y EVOLUCIÓN DE LOS PISOS TURÍSTICOS

evolución de los pisos turísticos

Como os comenté en mi anterior artículo, desde GLOBALWAY ABOGADOS hemos empezado a ofrecer asistencia jurídica, a través de la plataforma de EASY OFFER, a aquellos anfitriones afectados por expedientes abiertos a propietarios/inquilinos que realizan actividad de HOMESHARING.

Por ello, considero interesante remitirnos a los origines de AIR&B, creo que sus origines nos pueden aportar algo de luz sobre este fenómeno, actualmente demonizado. La realidad que B&B significa, bed and breakfast, es decir una persona que alquila una habitación en su casa y ofrece desayuno, si no lo tengo mal entendido el fundador de AIRB&B atravesaba dificultades económicas cuando vio en esta actividad una solución a sus penurias; como vivía en San Francisco y su casa era pequeña, en vez de una habitación ofreció un colchón de aire (AIR) de ahí el nombre AIRB&B.

De lo anterior, se deduce que el fin de esta actividad, no era hacerse millonario, sino subsistir, poder pagar facturas, hipoteca, es decir, sobrevivir. El éxito de su iniciativa individual le llevo a pensar que quizás esta opción podía ser interesante para otros, y de ahí a AIRB&B, a veces la necesidad es virtud.

Desde sus inicios hasta ahora, AIRB&B ha sido eso, una plataforma de economía colaborativa, que tiene como finalidad ayudar a los anfitriones con sus gastos diarios y a los invitados, vivir sus vacaciones de una manera alternativa. Sin embargo, en los últimos años, algunas ciudades han hecho de esta actividad su enemigo, o eso parece.

La precariedad laboral y el encarecimiento de la vivienda han facilitado el éxito de este fenómeno vacacional; las administraciones públicas, lejos de buscar una solución en su origen, mejores trabajos y vivienda asequible, han iniciado una lucha contra los anfitriones, sin darse cuenta de que no se pueden poner puertas al campo.

La realidad es que en la legislación española, el HOME-SHARING, o el uso y la habitación, siempre acudimos a anglicismos para hacer referencia a actividades que nos parecen nuevas, pero que en realidad existen desde siempre, desde los romanos, es una actividad permitida y lícita; y las legislación estatal, autonómica y/o local no lo prohíben.  Prohíben el alquiler turístico, pero no el HOME SHARING, tal y como os comentamos en nuestro anteior artículo sobre esta materia. A continuación os enumeramos las principales diferenteicas entre un piso turístico y un piso compartido:

  • En el HOME-SHARING el anfitrión alquila una o varías habitación/es de su casa: en los apartamentos turísticos alquila éste al completo.
  • En el HOME SHARING el anfitrión sigue viviendo en la casa, aunque esto no significa que deba estar siempre dentro; en los apartamentos turísticos aquéllos no pueden ser el domicilio del anfitrión.
  • El hecho de que el apartamento continué siendo el domicilio del anfitrión lo convierte en inviolable, salvo resolución judicial.

A la vista de lo anterior, y ante las posibles denuncias o visitas de inspectores, o aperturas de expedientes os aconsejamos para el caso de HOME-SHARING que dejéis claro que vuestra casa no se alquila de manera completa, que sólo alquiláis una habitación; también os aconsejamos que cuando ofrezcáis habitaciones en vuestra casa, vigiléis hacerlo como habitación, y no como piso completo.

En cualquier caso no estaría de más que preparéis documentación para facilitarla a las autoridades cuando tengáis visitas, un contrato o un documento de recepción, con la bienvenida y unas instrucciones básicas firmadas por el invitado, serían suficientes. Para ello no dudéis en contactar con vuestro abogado de cabecera, a fin de preconstituir prueba para evitar problemas.

Espero que este artículo os haya servido, en nuestro próximo artículo, sobre esta materia, diferenciaremos entre los apartamentos turísticos y los de temporada.

Alba Novell Vera

Globalway Abogados

 

 

 

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