Urban Zoning and Short term rentals in Madrid

Abstract

This article focuses, within the field of collaborative accommodation or collaborative tourism, on the examination of the legal regime applicable to short term rentals in the city of Madrid, and the use of urban zoning as a preponderant instrument that defines its regulation. In this sense, the text starts from a general examination of the regulation of the short term rentals, including its own definition, to later project it in the regulatory sphere of the Community and the municipality of Madrid, which use their competences in matters of tourism and urban planning for the production of regional and local regulation in this sector. In this context, the Special Plan approved by the Madrid City Council in 2019 is studied in detail, which proceeds to zone the city, through the technique of urban qualification and the modification of the uses of the urban approach. Next, the text considers the conformity of the use of this technique in relation to the rules of liberalization of services and defense of competition contained in our legislation, among other arguments, and in line with pronouncements due to the competition authorities, and examining European and national jurisprudence in this area which confirms the legitimacy of the use of such instruments. From this perspective, finally, a set of assessments are provided aswell as a proposal of different and more aggressive legal techniques, with the perspective of the uncontrolled proliferation of short term rentals in Madrid and the ineffectiveness of the current regulation.