El short-term rental market at the south of Gran Canaria faces his major legal crossroads en Madrid. The Third Section of the Administrative Law Chamber of the Supreme Court has seen for voting and ruling the ordinary appeal number 6/2025 (Judgment number 697/2026), filed by the Canary Islands Holiday Rental Association (ASCAV) against Royal Decree 1312 / 2024. The Canary Islands employers' association has openly challenged the creation of Single Lease Registry and Digital Single Window, two state-run tools designed for the massive exchange of data that threaten to transform the rules of the game in major tourist areas of San Bartolomé de Tirajana and Mogán.
The core of the dispute lies in the absolute rejection of ASCAV to which the Property and Chattel Registrars assume the authority to verify and issue the mandatory “registration number” required to market any property on online platforms. In her lawsuit, defended by the attorney Sharon Rodríguez de Castro RincónThe association demands the annulment of the entire state decree or, alternatively, of articles 8 to 10. ASCAV argues that this mechanism violates the principle of legality, imposes obstacles that duplicate existing regional tourist registries, and breaks basic mortgage principles such as the voluntary nature of registration or the requirement of public title.
Faced with the offensive from the Canary Islands' holiday sector, the State Attorney and the Association of Registrars of Spain They have closed ranks to demand the complete dismissal of the appeal. The defendants argue that the state regulation is a direct and legitimate application of the European Regulation 2024/1028and that there is no duplication whatsoever, as it is a registry of a legal nature and not purely administrative. Although the College of Registrars attempted to invalidate the process, arguing that ASCAV lacked standing to challenge the regulation, the Court—under the opinion of Justice José Luis Gil Ibáñez— has flatly rejected that claim, recognizing that the Canary Islands association has an undeniable legitimate interest due to the direct impact that this digital blockade has on thousands of property owners in the archipelago.
The final ruling in this legal battle will determine the level of control over non-hotel accommodation in Maspalomas, Playa del Inglés and MelonerasIf the Supreme Court upholds the challenged regulation, digital vacation rental platforms will be required to submit monthly activity data and remove any listings lacking the code verified by the registrars within 48 hours. Conversely, a ruling in favor of ASCAV's lawsuit would represent a historic setback to the Ministry of Housing's oversight aspirations, returning exclusive control over the regulation and registration of tourist accommodations to the autonomous communities.
