Estado regulador y alojamiento colaborativo. El régimen de la intervención pública limitadora de la prestación del servicio

Abstract

Collaborative tourism, with its impacts on space and the urban environment, on the one hand, and on the principles of freedom of enterprise, free competition and guarantee of market unity, on the other, constitutes an activity that can not be left aside of regulation. The safeguarding of the city as a harmonious and sustainable coexistence space, from the social and environmental point of view, inevitably requires intervention regimes adapted to the new reality of the phenomenon, whose regulation can not fail to address issues specific to urban planning, the management of territory or housing policy, such as the confi guration of neighborhoods or areas where the off er is concentrated -by means of zoning-, the provision of adequate infrastructures or the sufficient off er of rent or housing at a reasonable price to the resident population. Along with the territorial perspective, there is another, no less important one, which aff ects, on the one hand, the new intermediary channels through which the collaborative housing is articulated, the marketplaces, and, on the other, the new role of the providers of the accommodation service, the “peers” and the “professional services providers”. It is the perspective of economic activity and the rights and freedoms of citizens, whose impact on market unity is evident.