The Tourism Department of the Government of the Canary Islands, led by Jéssica de León, offered an informative breakfast this Wednesday morning to report on the progress of the future Canarian Vacation Home Law project and address some controversies surrounding its approval.
Firstly, the Department assured that after the law is approved, "no more vacation homes can be established if the urban planning does not expressly enable that use," at least for the next five years. This new regulation, whose first draft was released in early 2024 and is still in processing, leaves the implementation of "a containment effect or tourist moratorium" in the hands of the municipalities. According to the Department, "the decision of how many, how, and where" new tourist homes can be established will be up to the 88 Canarian councils.
Furthermore, the Department, led by the Popular Party, has criticized the 2015 regulation, approved by its regional government partner, the Canarian Coalition, and has argued that this new regulation "represents another 180-degree turn from the current situation," where "the free will of the owner and the market were the decisive factors."
For the moment, the regulation stipulates that owners who already have their vacation homes registered may continue to operate them "indefinitely", but it cannot be transferred with its sale, distinguishing it from non-owner operators.
Residential Housing Limitations
According to the documentation submitted by the Department to La Voz, the law "guarantees an adequate reserve" for the residential use of housing and ensures access for the population to "decent, adequate housing at affordable prices." Although it does not specify what measures or what limits will be proposed.
In this regard, it defends the integration of tourist homes "into residential environments," ensuring "the quality of life of residents above all else." It also stipulates that land with greater environmental, architectural, and traditional ethnographic heritage be "for rural tourism."
Responsible Declaration and Control
Currently, anyone wishing to operate a vacation home must submit a responsible declaration. The Tourism Department maintains this regime but incorporates "the need" to accompany it with "technical and complementary documentation," ensuring compliance with the conditions of "safety, health, accessibility, technical aspects, classified activities, sectoral aspects, and specifically tourist aspects."
At the same time, it obliges island councils and municipalities to program, "within their current competence," checks and controls of the responsible declarations. The Island Council of Lanzarote must ensure compliance with the tourist aspect, while the Lanzarote municipalities will have to do so in matters of classified activities and urban planning. In this sense, they may have management assignments, commissions to their own resources, or delegate the competences in this matter.
At this point, the law contemplates the creation by the Government of Spain of a single digital window to "oversee and purify the supply of housing on platforms." Initially, this task will be entrusted to property registrars. Furthermore, this initiative will "allow, in very short terms, the elimination of illegal or irregular offers."
Prohibitions and "Red Lines"
The bill "radically excludes" the massive implementation of vacation homes "on residential land" and prohibits "categorically the possibility of future non-hotels, pseudo-hotels, or para-hotels."
Likewise, officially protected housing cannot be used for tourist purposes, and new homes cannot be incorporated into tourist use until ten years have passed since their completion, in order to "avoid speculation."
