The Canary Islands government has submitted a draft bill to the Consultative Council to regulate tourist rentals, incorporating new provisions allowing municipalities to allocate more land to holiday homes under specific conditions. These changes aim to balance the growth of the tourism sector with the well-being of residents and the sustainable management of public services.
Key Provisions of the Draft Bill
- Flexibility for Municipalities:
The initial 10% cap on land reserved for holiday rentals has been made more flexible. Municipalities that meet certain criteria can exceed this limit, provided they conduct a carrying capacity study. This study must demonstrate that public services such as water supply, environmental management, and healthcare will not be overwhelmed by the influx of tourists. - Maintaining Residential Use:
While 90% of land is reserved for residential use, municipalities can justify increasing holiday rental allocations if they ensure that local residents maintain a high quality of life. - Island Councils’ Role:
Island councils will have the authority to draft ordinances regulating tourist rental activities. These urban planning regulations will be exempt from environmental procedures, addressing concerns raised by local councils. - Urban Planning Adjustments:
The draft bill also includes updates to urban planning processes, such as:- Differentiating the responsible declaration from the holiday home operator’s name.
- Extending the deadline for owners to declare their intent to continue renting from two to five years.
Collaboration with Municipalities
Tourism and Employment Councillor Jéssica de León stated that the government is working closely with the Canary Islands Federation of Municipalities (FECAM) and the Canary Islands Federation (FECAI) to clarify roles and responsibilities. She highlighted the regional government’s efforts to ease the administrative burden on town councils, recognising them as the “weakest administration” in managing this regulatory change.
Legislative Process
The draft bill, under urgent review, will be analysed by the Consultative Council within 15 days before being sent to the Canary Islands Parliament for legislative processing. De León expressed hope that parliamentary groups would enrich the bill and emphasised that all groups have had opportunities to contribute since the first draft was published in February.
Red Lines for Regulation
The government has outlined non-negotiable principles for the regulation, including:
- Integration into Urban Planning: Tourist activities must align with planning regulations, similar to other accommodation subsectors.
- Social Housing Restrictions: Social housing cannot be used as holiday rentals.
- No Conversion of Residential Plots: Residential buildings cannot be repurposed into holiday home complexes to prevent land tertiarisation.
Growth of Holiday Rentals
Since the draft bill was publicised, 10,000 new declarations of responsibility have been registered, bringing the total to 64,000. However, only approximately 48,000 of these are actively marketed.
To enhance public understanding, a dedicated website with comprehensive information on the proposed law is now available.
This draft bill aims to regulate tourist rentals responsibly, balancing economic opportunities with sustainable urban planning and resident well-being in the Canary Islands.