*2.2. Rise of Sharing Economy and Normative Adaptations*

In Spain, legislation on holiday rentals varies according to the autonomous region involved. Vacation rentals' law<sup>1</sup> in Andalusia, of which Seville is the capital, define it as *viviendas con fines turísticos* (homes for tourism purposes, i.e., holiday rentals, HRs hereinafter). This law's Article 3 defines HRs as those located in buildings for residential use that provide accommodation services regularly marketed specifically to tourists. Andalusian HRs can be rented in full (i.e., the entire home) or in part (i.e., a spare room). In addition, tourism's law in Andalusia (Boletín Oficial de la Junta de Andalucía 2011) <sup>2</sup> highlights different types of tourism accommodations' obligation, including HRs, to register with the RTA<sup>3</sup> (Andalusian Tourism Registry), which the general public can access.

Portugal's national legislation on holiday rentals endows municipalities with the power to approve and, when the volume of existing vacation rental establishments has exceeded the limit set, curbing these facilities' numbers. Portugal started regulating the sharing economy's accommodations in 2008 (Diário da República 2008) to provide a legal framework for the provision of temporary accommodations in homes that did not meet the legal requirements imposed on any facilities previously classified as tourism accommodations. The new form of holiday rental establishments has been designated local lodging<sup>4</sup> and standardised as HRs in the present research, which consists of villas, apartments and lodging establishments that, after being authorised for this use, provide temporary paid accommodation services but do not meet the requirements to be classified as tourism businesses. HR establishments must comply with the minimum safety and hygiene requirements, be registered with the relevant municipal council and be marketed to tourists either by their owners or by travel and tourism agencies.

In 2014, several laws<sup>5</sup> were passed to provide further regulations on this type of activity in terms of properties' taxation, delimitation and required characteristics. These laws (Diário da República 2014, 2015) also specify which entity monitors compliance with rules and noncompliance fines, as well as safety requirements, such as a fire extinguisher and fire blanket in the kitchen, first aid equipment and the national emergency number (i.e., 112) posted in a visible place.

In 2018, another law<sup>6</sup> further regulates temporary holiday rentals and allows owners to rent rooms in their own home. This decree additionally allows municipal councils to set limits on HR accommodations or even extinguish all HR activity in specific areas of cities, makes liability insurance mandatory and requires owners to display an information book with the building's accommodation rules. These councils also determine the temporary vacation rental facilities' maximum capacity. Lisbon and Porto have relied on this legislation to impose strong restrictions on HR accommodations and stop issuing permits for new HR facilities in their historic city centres.

In 2020, another law<sup>7</sup> introduced, among other norms, standards regarding all HRs' environmental sustainability. This legislation requires owners to implement practices promoting more efficient water and energy consumption, as well as making available to guests information on these sustainable tourism practices. In addition, all HR properties must use biodegradable detergents, be equipped with recycling bins for solid waste separation and ensure employees are continuously trained in environmentally friendly procedures. Owners must get an environmental certification or quality seal from a national or international organisation of recognised merit. All HR accommodations have to implement these regulations as of 4 February 2022.

If an HR facility is an autonomous part of an urban property, which can be used independently, the remaining owners together can oppose the accommodation activity, but the decision must be approved by more than half of them. The reasons for the decision have to be substantiated (e.g., annoying actions that affect the other property owners), and the mayor of the relevant city council must be informed of the decision. This legislation means that owners of apartments in buildings can close down HR activity in their building. In addition, apartment owners in buildings can now impose an additional fee on each HR in their building—up to a limit of 30% of the annual value of the respective activity—to cover the expenses arising from an increased use of shared areas. This fee must be approved by a two-thirds majority of the building's owners (Diário da República 2020).

As a concluding remark, it can be said that the autonomous regions of Spain have their own legislations for HR, while Portugal has national legislation that, in the last few years, has been adapted to assure high-quality standards of HR as well as the safety of guests and the well-being of the resident population.
