It supports the fact that the aim of the Xunta in regulating this type of accommodation is to protect users and guarantee sustainable, high-quality tourism activity

The Supreme Court endorses in its entirety the Galician regulations that govern the properties for tourist use in our Community. This is established in a sentence in which the appeal of cassation presented by the General Administration of the State and the National Commission of the Markets and of the Competition against the Galician norm is rejected, that pretended the annulment of diverse precepts of this norm between which it emphasized the prohibition of the rent by rooms within the Housing of Tourist Use.

Therefore, the regulation of the houses of tourist use, as well as of the tourist apartments and the tourist houses, will stay in force through the law 7/2011 and the decree 12/2017, mechanisms that are allowing the correct operation of this market in our Community, guaranteeing the rights so much of the consumers as of the local population.

The Supreme Court ruling supports, as the Xunta has been defending, that the aim of this regulation is not to impose restrictions, but to facilitate an orderly tourism development, protecting users and ensuring the sustainability of a quality activity. In this way, it supports the thesis that the properties for tourist use should be rented for the totality of the property and not for rooms on the basis of the regional regulatory framework.

Similarly, it maintains the possibility, enabled by the Xunta de Galicia, that the municipalities establish limitations on the maximum number of homes for tourist use per building or sector, circumstances and reasons of overriding general interest.

The ruling responds to the appeal filed by the General State Administration and the CNMC, after the Galician High Court of Justice (TSXG) ruled twice in 2018 that the Xunta was right and fully endorsed its regulations.

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