Last December 13, 2025, the Law of Sustainable Regulation of the Tourist Use of Housing came into force in the Canary Islands.
ASCAV considers that the new Canarian law “frontally violates the Constitution”, since “it invades the exclusive competence of the State in economic planning matters; the competences of the Municipalities in urban planning matters; as well as the basic state administrative legislation and the right to private property”, among others.
Being a norm with the force of law, private individuals (ASCAV included) cannot file an appeal of unconstitutionality before the Constitutional Court.
Such action can only be carried out by the Ombudsman, 50 deputies, 50 senators or the Presidents of the Legislative Assemblies.
Thus, ASCAV has filed a complaint with the Ombudsman in this regard and hopes that this institution “takes it into consideration and files the appeal of unconstitutionality against the Law so that the Constitutional Court rules on the eventual violation of our Magna Carta”.
ASCAV also explains that “the Government of the Canary Islands has regulated holiday homes in the Canary Islands by a law-ranking norm (and not by a regulation as it did in 2015), precisely to prevent the norm from being challenged before the courts of justice.”
