The Advisory Council of the Canary Islands has issued a favourable opinion, albeit with numerous nuances, on the draft Law on Sustainable Management of Tourist Use of Housing, known as the "law on holiday rentals". This opinion, mandatory but not binding, includes observations and objections to twenty articles and provisions, warning that some aspects of the text could generate legal uncertainty. It is a matter of concern in Maspalomas because there are many people from Las Palmas who are not involved in tourism speculating with the unity of the market and putting tourism in the economic capital of the Canary Islands at risk.
This step is the last step before the Canarian Government approves the bill and sends it to Parliament, likely from February, to begin its formal processing. The law, drawn up by the Ministry of Tourism and Employment, seeks to regulate holiday rentals to mitigate their impact on access to housing and guarantee a balanced implementation in the territory, as highlighted by the Minister Jessica de León. However, the text has been the subject of criticism since its presentation, both by town councils and affected owners, which has led to several modifications during the last year.
One of the most controversial points of the draft law concerns the reservation of land for residential use. In its initial version, the text established that 90% of land would be reserved for residential use on all the islands, except La Palma, La Gomera and El Hierro, where it would be 80%. However, these figures have been made more flexible following the rejection of numerous tourist municipalities, allowing each locality to adapt the percentages according to its carrying capacity. Despite this change, the Advisory Council warns that the absence of minimum criteria or percentages generates legal uncertainty.
Another controversial point is the first transitional provision, which worries the mayors due to the risk of litigation and possible compensation. This provision regulates the responsible declaration of the consolidated tourist use of the houses, but the Advisory Board criticises that the text does not clarify whether this declaration applies only to houses not covered by urban planning or also to those enabled for tourist use by prior arrangement.
The report also points out that the draft law exceeds the powers of the autonomous communities in certain aspects. One example is the regulation of people who provide services in holiday homes, such as handing over keys or cleaning, which the text links to labour legislation. The Advisory Committee considers that this point invades state powers, since it is up to the Workers' Statute, which is of national scope, to define labour relations in this sector.
The opinion also questions the obligation to transfer responsible declarations of tourist use to the property register, given that this administrative entity depends on the State. According to the advisory body, this measure does not comply with the Spanish legal registry system and should be eliminated. Although the opinion of the Advisory Council does not prevent the approval of the project, it does underline the need to make adjustments to guarantee legal security and respect state powers. With these observations, the future law on holiday rentals continues to generate debate and reflects the difficulty of balancing the interests of owners, town councils and citizens in a context of increasing pressure for access to housing in the Canary Islands.
