The Flexible Accommodation in Andalusia finds itself in a scenario of legal uncertainty following the Junta de Andalucía's decision to appeal against the central government's decree establishing the Single Register of Tourist Dwellings. The autonomous administration has initiated legal proceedings against this regulation, considering that it encroaches on its exclusive competence in the field of tourism..
The Andalusian Ministry of Tourism argues that the decree of the central government "usurps" competences The regional government's role in the organisation and planning of the tourism sector, as laid down in its Statute of Autonomy. The Junta recalls that it had even updated its own regulations on tourist accommodation in February last year, incorporating tools to enable municipalities to regulate this activity in saturated areas.
The legal proceedings initiated by the Board started with the submission of a prior requirement to the central government, whose response deadline expired without a reply. Faced with this lack of response, the Junta de Andalucía has announced that it will will lodge a contentious administrative appeal within two months, ending on 24 May.
Arturo Bernal, the Junta's Minister of Tourism, has criticised the attitude of the central government, describing it as a "bad attitude". "paternalistic The national government believes that the autonomous communities do not know how to exercise their competences. Bernal also laments the fact that the national decree has not taken into account the contributions of the autonomous communities.
In the preliminary injunction, the Board points out that Royal Decree 1312/2024, which regulates the Single Registry, goes beyond the scope of the European Union's regulation y infringes the competence of Andalusia. The Board requests the repeal of this decreewhich obliges companies to Flexible Accommodation to meet their requirements before 1 July in order to be able to market their properties on online platforms.
Bernal also questions the effectiveness of the decree to address problems such as gentrification, arguing that it focuses solely on tourism when the housing problem has other causes. For the Junta, the central government could have complied with European regulations simply by establishing that the autonomous communities send the data from their own registers to the single register, giving them an identification number.
In the meantime, the Flexible Accommodation in Andalusia is facing a great uncertainty on how to proceed in the face of this double regulation, the regional and the state one, and the outcome of the legal appeal lodged by the Junta.
