PUBLIC AND PRIVATE LAW INSTRUMENTS This decision raises some perplexities. As already explained above, we do not believe that the practice of local accommodation can always be considered as a commercial activity, as it often lacks the character of professionalism. We understand that this reason, together with the existing communion between residential use and local accommodation, contrary to other commercial activities, was one of the reasons that led the legislator not to set any specific use for the exercise of local accommodation activity regarding the permit of use, thus allowing this activity in a property for residential use. Hence, although we do not confuse the administrative title that defines the use of the property or fraction, with the private law title that establishes the use within the fraction in that horizontal property, we consider that in both legal instruments the same public and private interests are underlying, for which reason we see no reason not to allow the exploration of local lodging in fractions that are intended, in the constitutive title, for dwelling18. The single fact that it presupposes two separate and conflictive regulations, both civil and administrative, undermines the nuclear principle of any legal system, named the principle of the unity of the legal system. Taking Spain, for an example, most of the regulations of the autonomous communities admit the activity of local accommodation in buildings set in horizontal property if not expressly prohibited by the condominium, or establish restrictions on the tourist destination, such as Article 12.2 of Decreto 113/2015, of May 22, which approves the Reglamiento de viviendas vacacionales de Canarias; in a similar sense article 14.2. f) of Decreto 80/2015, of May 5, which approves the Reglamiento de viviendas de uso turístico in Aragón; article 41.5 of Decreto 12/2017, of January 26, of the Ordenación de apartamentos turísticos y viviendas turísticas de Galicia; or article 67.1 of Decree 10/2017 General de Turismo de La Rioja. The regulations in the Balearic Islands are more restrictive, the Palma de Mallorca City Council having even decreed the prohibition of the operation of local accommodation in multi-family buildings. This decision was declared illegal by the High Court of Justice of the Balearic Islands, by decision of September, 10, 2021 (Proc. 00486/2021). Ley 8/2012, of 19 July, Ley del turismo de las Illes Balears, as amended by Ley 3/2022, of 15 June, reads: if the constitutive title or the statutes do not prevent 18 As would be the case if we were talking about activities such as urban renting.
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