canary islands holiday rental law changes ascav criticism

Holiday Rental Association Slams Canary Islands Government Over Law Changes

Industry Body Accuses Government of Sneaking in Harsh New Rules

The Canary Islands Holiday Rental Association (Ascav) has accused the regional government of attempting to introduce “substantial modifications that further toughen the conditions property owners will have to face” in the holiday let sector. According to the association, the Executive aims to push through these changes via the Draft Law (PL-0013) for streamlining planning licence procedures, through a series of amendments related to tourist activity which, in its view, “have no connection to the law’s original purpose.”

Amendments Labelled as Unconnected and Legally Flawed

Ascav made the statement in a press release, denouncing that these modifications were introduced once the text reached parliament. The organisation argues that, besides the “disconnect” from the draft law’s original aim, the amendments “significantly alter the legal framework” for holiday rentals in the Canaries. It therefore deems it necessary for the Canary Islands Consultative Council to issue a new legal report, even though such reports are non-binding.

Ascav points out that the Consultative Council already ruled on this issue in its opinion 99/2019, stating there must be a connection between the law being processed and any amendments introduced—something the association claims is absent in this case. The industry body also argues that “an amendment cannot serve as a mechanism to bring a new regulatory reality to life,” citing Constitutional Court ruling 4/2018, which it says establishes that such changes should arise from a new legislative initiative.

Key Concerns: State Powers, Landlord Duties, and Heavy Fines

Among the proposed changes, Ascav warns that state powers could be infringed upon by defining all rentals under 31 days as tourist accommodation, regardless of their nature. It also notes that the proposal would oblige the landlord not only to request information from the tenant but also to verify and justify it.

Furthermore, the association highlights that the draft envisages penalties for non-compliance ranging from €1,501 to €30,000. Ascav believes this regulation would affect situations it argues cannot be classified as holiday rentals, such as short-term work relocations, study stays, rentals linked to audiovisual shoots, or inter-island travel for medical reasons, particularly from the smaller islands to Tenerife or Gran Canaria.

Call for Amendments to be Sent Back for Scrutiny

For all these reasons, the association concludes that the changes should be referred back to the Canary Islands Consultative Council. It contends that a law intended to streamline planning licences is being used to substantially modify the legal regime for tourist housing rentals—a matter it maintains is unrelated to the legislative project’s original content.

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