The General Director of Tourism Planning of the Canary Islands Government, Miguel Ángel Rodríguez, acknowledges that the main cause of the lack of housing is the null construction of public housing in recent years, which he considers "shameful", but he also believes that "restricting the tourist use" of homes is one of the measures that can help solve the problem.
In an interview with Radio Lanzarote-Onda Cero, he explains the scope of the law and recalls that the requirement of classified activity, which the Canary Islands Vacation Rental Association (ASCAV) denounces will expel almost everyone from the system, was already mandatory in the Vacation Rental Regulations of 2015, although "many administrations have not internalized it".
Classified activity, "requirement since 2015"
Regarding the classified activity requirement included in the Draft Law, the General Director of Tourism Planning says that "this requirement was already present in Decree 113 2015" (Regulations for vacation homes in the Autonomous Community of the Canary Islands).
So, he adds, even if there is no "Draft Law, since 2015 they have to comply with classified activities, it's that easy, and if they don't comply with classified activities, they are operating illegally, whether there is a draft law or not, the draft law doesn't innovate anything".
To give an idea of how easy it is to obtain, the General Director explains that, for example, the City Council of Granadilla de Abona, on its electronic headquarters, has a model of prior communication of classified activities.
"The only thing that any citizen who wants to operate a vacation home has to present in terms of classified activity is a prior communication that says I have this, this and this document, and that's it. The Granadilla model is fantastic".
"The new Draft Law does not prohibit renting the home in which one resides for vacation purposes"
Rodríguez clarifies that the prior communication is not a responsible declaration. With the first one, one says "I am going to carry out the activity and I have this documentation" with the second one makes a sworn statement.
The General Director took the opportunity to "make a call to the 88 city councils to make it easy for citizens" and do as the City Council of Granadilla de Abona, whose website shows the communication model to any citizen.
Regarding ASCAV's complaint that the new Draft Law prohibits renting the home in which one resides for vacation purposes, Rodríguez says that "that's nonsense" and doesn't understand "where the hell they get it from, it's not true".
The General Director of Tourism Planning believes that ASCAV is mixing different issues. And he distinguishes as a different issue "the process of residentialization that occurs in tourist areas, which is a problem in the Canary Islands, because it destroys employment and affects tourist land".
The size of vacation homes
In the initial draft, 35 meters were requested to "equate them to the minimum category of extra-hotel establishments", the three-star apartments.
Later, the Ministry accepted that a vacation home could be operated with only 25 meters squared, "the minimum of habitability", but, "to have minimum conditions of competitiveness and quality", it will have to meet at least one of a list of 10 requirements.
For example, Rodríguez explains, "a garage space for the guest or a shared pool. It is also worth having an electric vehicle charger or being registered as self-employed".
"Moratorium" vs "call effect"
Since the Canary Islands Government announced the Draft Law, there has been a dizzying growth of registered vacation homes, around 20,000 units.
Regarding what some call a "call effect" caused by this legislative initiative, the General Director of Tourism Planning explains that "what the Canary Islands Government is doing is the ordinary exercise of its activity, promoting a new rule, and with participation: consultation, hearing and public information and not by decree law".
"If what some are asking for is a tourist urban amnesty of classified activities, the answer is, I'm sorry, but no. Neither amnesty nor pardon"
Rodríguez acknowledges that the registration numbers have accelerated, but highlights that it is a trend that is materializing throughout Spain. "It is true that some have signed up to stay later, but another part is the natural growth it has had, it is an activity that generates a lot of income". He also clarifies that there were times with a much higher percentage growth.
Once the law is approved, explains the General Director, there will not be "one more in five years if there is no urban planning. The 88 Canary Islands city councils cannot be treated the same. Some do need to grow, talk to the mayors of the green islands. Each city council must decide how many, how and where".
How many will have to end their activity?
According to Rodríguez, a report by the College of Economists of Las Palmas detected 16,000 vacation homes located in old tourist apartments and studios. "Those are illegal, explains the General Director, and once the councils check the responsible declarations and once the city councils make use of their urban inspection power, they should leave".
In addition, he recognizes "as any of the Lanzarote city councils will tell you, practically none (vacation home), very few comply in terms of classified activities. There, it is true that thousands can leave".
"The Government sanctions, but who expels, so to speak, who purifies the legal situation, are councils and city councils. Even if there is no law, it is necessary to verify that the legality is complied with, can a car circulate without insurance or without an ITV? No. If what some are asking for is a tourist urban amnesty of classified activities, the answer is, I'm sorry, but no. Neither amnesty nor pardon".
Rodríguez recalls that one of the star measures of the European Union Bolkestein Directive, also called services directive, was that, "instead of making the entrepreneur wait for the public administration to give him an authorization or a license, a communication or a responsible declaration was enough". In return, Rodríguez explains, "the administration has to run after you now to check, control and inspect, but many administrations have not internalized it".
I give you an example of sanctions that we are processing: "people who have divided a house into 5 have registered a vacation home and rent five".
"Shameful" public housing policy in recent years
The General Director agrees that the public housing policy has been disastrous in the last 30 years in the Canary Islands.
"The main problem of housing is that public housing has not been made", he acknowledges, but he also affirms that "not all Spaniards can access public housing, we must leave room for free housing".
"Neither has urban management been done to promote residential land, especially in the Canary Islands, and neither has urban planning been done to delimit and specialize use, without any doubt", he adds.
"As the Supreme Court says in a ruling of October 3", explains the General Director, "the housing problem is not solved by restricting tourist housing, but it must be restricted, it is one of the measures, but we must also give city councils, regional and state government a zero for their housing policies. It's shameful".
For the draft law to be approved, Rodríguez explains that the reports from the Legal Service of the regional government itself, and that of the Advisory Council are missing. Then it will go to Parliament.
