The housing crisis in the Pyrenees opens the debate on the limits of camping

“I am a temporary worker and I come to work in the Tena Valley. The rents are 800 euros and I am not going to share a flat. I prefer to live in the van with my cat (…) I don’t understand why they focus on me when I don’t break the regulations.”

The words are those of an indignant woman. One to which the Civil Guard demands movement when it understands that it is camping illegally. One that, if what is said in the video is true, is completely right and the regulations are on its side.

What happened? The video is brought to X by a user of the social network and in it you see a woman who, between irony and indignation, explains that she works as a seasonal worker in the Tena Valley (Huesca), that she lives in her van and that the Civil Guard is asking her to leave because, supposedly, she is camping.

The video shows the conversation between the woman and one of the agents. He defends that “it’s been going on for a month and a half now” and that “that can be considered camping.” She, for her part, alleges that she does not take any items outside and that she also moves, which the agent also acknowledges.

“Rents are 800 euros”. In her video, the protagonist points out that the cost of housing is very high in the Tena Valley and that she does not want to share a flat. “I prefer to live in the van with my cat,” he emphasizes.

The truth is that this enclave right next to the Pyrenees is very tense. In fact, it was only a few months ago that he was born. Decent Housing Viello Aragón in defense of access to housing in this Aragonese area. They point out that the area is full of tourists. The problem is not just a matter of underused second homes. The group points out that the European funds dedicated to sustainable tourism are causing the attraction of more and more visitors with the conversion into apartments and houses as rural complexes, which worsens the conflict.

They defend that it should be stopped the delivery of new licenses for tourist use, they propose the creation of a public housing pool, declaring the region as a stressed area in order to control prices and punish the owners of more than four residential properties who have empty homes. The final objective is to facilitate access to housing and so that the economy can diversify so as not to live solely on tourism.

Yes, the law is on your side (sort of). The truth is that if the author of the video complies with what she says, the law is on her side. As explained by the colleagues of Motorpassionthere are no regulations that specify a maximum time in which a person can spend the night in their car. Because camping in a place not authorized for it is illegal but spending the night is allowed.

The PROT Instruction 2023/14 It is the one that collects these differences. It states that “parking is not camping” as long as:

1. That the vehicle, with the engine stopped, is only in contact with the ground through the wheels (stabilizing legs or any other device is not used, except for chocks, provided for by the General Traffic Regulations).
2. That the vehicle does not occupy more surface area than what it occupies when closed, that is, without the deployment of projectable elements, chairs, tables, etc., elements that can invade a surface larger than that delimited by the perimeter of the vehicle, understood as the plan projection of the same.
3. That the vehicle does not emit any type of fluids or noises to the outside.

One but. And then, the instruction also states the following:

All of the above will be understood without prejudice to the powers of the town councils, through their municipal regulations, to limit or regulate, without discrimination based on the type of vehicle, the stopping and parking points under criteria of physical organization of traffic, commerce or environmental criteria, or with the purpose of favoring the arrival of this type of motorhome tourism, establishing for this purpose, parking zones or areas or, where appropriate, camping.

Likewise, the regional regulations that have been approved or could be approved for the purpose of tourism promotion in the national territory will be taken into account. to promote a new type of accommodation that in any case will coexist with the full application of national legislation on traffic and road safety and especially the regulations relating to stopping and parking maneuvers.

The matter here is a little more delicate because the video does not explain the situation regarding any of these concepts. What the instruction makes clear is that the City Council can delimit where a motorhome can park. In the images it appears that the van is located on the outskirts of a town but it is not clear whether or not the vehicle may be parked there, specifically. Without knowing the municipality, we also do not know if the town’s mobility ordinance imposes a maximum parking time.

In the case of not wanting to park in the town, the situation is more delicate. In this case, regional regulations require you to spend the night in an area expressly authorized for this purpose since the Tena Valley is a protected environmental space.

What do we get clear? In a municipality, a person can spend the night without any problem in their car or caravan as long as the vehicle is parked correctly and they do not take belongings and objects outside (from chairs to awnings). In that case, the driver is considered to be camping and this can only be done in an area authorized for this.

Therefore, living inside a van and making life in it is not illegal as long as no noise or fluids are generated that are emitted to the outside. Of course, the vehicle must be parked without violating any municipal regulations and this implies, for example, that it will have to move if it indicates a maximum parking time.

For example, in the regulations of the city of Madrid It is specified that parking is prohibited “in the same place on public roads for more than five consecutive days, for which purpose only business days will be counted, excluding Saturdays, Sundays and declared holidays (…) In authorized places within public parks or green areas, the maximum parking period in the same place will be forty-eight hours.” In cases like this, the vehicle has to move within the maximum amount of time allowed.

Photo | Silvan Schuppisser and Alberto-g-rovi

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