Holiday rental association calls for constitutional appeal
The Canary Islands Holiday Rental Association (Ascav) has asked Spain’s ombudsman, the Defensor del Pueblo, to appeal the Canary Islands’ Sustainable Tourism Housing Law to the Constitutional Court, the organisation announced on Tuesday.
Alleged constitutional violations
According to Ascav, the new regional law regulating holiday lets directly violates the Spanish Constitution on essential matters by encroaching on powers that are the exclusive remit of the national government regarding economic planning. The association further alleges that the law infringes on the urban planning powers of local councils, breaches basic national administrative legislation, and violates the right to private property, among other irregularities.
Formal complaint lodged
For all these reasons, the association hopes the ombudsman will take their formal complaint into consideration and file the appeal of unconstitutionality against Law 6/2025. Ascav states that the Canary Islands Government chose to regulate holiday homes via a law, rather than through a regulation as it did in 2015, to prevent it from being challenged in the courts of justice. Consequently, Ascav had to present its complaint to the ombudsman, as it cannot directly lodge the constitutional appeal itself.
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