Home Sharing, REGULACIÓN ACTUAL

Home Sharing

Pisos turísticos y Home Sharing (compartir una habitación)

El pasado jueves, día 7, estuve en un evento organizado por AIRBNB y Easyoffer; participaba como representante de mi despacho, GLOBALWAY ABOGADOS, con otros cuatro.

Durante los próximos meses los cinco despachos, a través de la plataforma Easyoffer vamos a participar en un proyecto piloto con AIRBNB cuyo fin es asesorar a los propietarios de pisos y apartamentos turísticos.

En dicho evento intentamos clarificar un poco la normativa que afecta a este tipo de actividad, a la que el Ayuntamiento de Barcelona, ha decidido perseguir implacablemente.

La primera cuestión es diferenciar el Home Sharing y los apartamentos turísticos. ¿Estamos hablando de la misma actividad? ¿Se regulan por la misma normativa? La respuesta es NO y NO, ni es la misma actividad ni se regula por la misma normativa.

Se entiende por piso turístico aquel que se alquila en su totalidad, menos de 32 días, se entiende por Home Sharing, aquella actividad por la que se alquila o comparte una habitación, o dos, mientras continua siendo el domicilio de su propietario o inquilino.

Tampoco los pisos compartidos se someten a la misma normativa, el piso compartido carece en la actualidad de una normativa propia y específica, si bien el Ayuntamiento de Barcelona ha anunciado en diferentes ocasiones su intención de regularlo. Mientras esto no pase, el home-sharing se regula por el Código Civil, en concreto por el artículo 1255, en el que se establece la libertad de pacto, en su defecto por el uso y la habitación y las normas que rigen el contrato de alquiler.

Dicho la anterior, y a la vista de las preguntas que recibí la semana pasada quiero remarcar:

  • El Home Sharing no se regula por la normativa que rige el alquiler de pisos turísticos sino por el Código Civil.
  • El Home Sharing no necesita, de momento de licencia de actividad, ni de comunicación previa.
  • El Home Sharing es aquella actividad en la que se cede el uso y disfrute de una habitación a cambio de un precio, por un tiempo.

Por lo tanto, para el supuesto de que un inspector del ayuntamiento aparezca en vuestra puerta quiero recordaros que vuestra actividad (el Home-Sahring) es lícita, y ajustada a derecho, y que no puede ser objeto de sanción alguna; por lo tanto recibirlo con la mejor de vuestras sonrisas, remarcar que tan sólo alquiláis habitaciones, y que la casa es vuestro domicilio habitual, antes de firmar el acta del inspector leerla cuidadosamente y si no consta dichos hechos, hacerlo costar vosotros. Si tras la visita recibís el inicio de un expediente del Ayuntamiento, buscar asesoramiento legal, para defenderos, estaremos encantados de ayudaros.

En nuestro próximo artículo hablaremos de los PISOS TURÍSTICOS.

Alba Novell, directora y fundadora GlobalWay Abogados

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