Expert Guidance on Short-Term Rentals Regulations in the Canary Islands
Welcome to our comprehensive guide on the evolving legal landscape of short-term rentals (viviendas vacacionales) in the Canary Islands. As specialists in tourism and real estate law, we provide up-to-date insights to help property owners, investors, and operators navigate these regulations. All information is sourced from official laws and judicial rulings.
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Kristy Brown
Past Regulations: The Foundation with Decreto 113/2015
The primary framework for short-term rentals in the Canary Islands was established by Decreto 113/2015, de 22 de mayo, por el que se aprueba el Reglamento de las viviendas vacacionales de la Comunidad Autónoma de Canarias. This decree defined viviendas vacacionales as fully furnished properties offered for temporary tourist accommodation on a remunerated basis, integrated into the broader Ley 7/1995 de Ordenación del Turismo de Canarias.
Key original provisions included requirements for location in residential zones, minimum facilities, registration via a declaración responsable, and prohibitions on partial rentals or operations in exclusive tourist zones. The decree aimed to regulate the sector while protecting residential housing markets.
Judicial Annulments: Key Court Rulings from 2017-2019
Several provisions of Decreto 113/2015 were challenged and annulled by the courts on grounds of restricting freedom of enterprise, violating EU service directives, and lacking sufficient legal basis. The Tribunal Superior de Justicia de Canarias (TSJC) issued pivotal sentences in 2017, later confirmed by the Tribunal Supremo (TS) in 2018 and 2019.
Key Court Decisions:
- Sentencia TSJC de 21 de marzo de 2017 (Rec. 94/2015): Annulled Article 3.2, which excluded short-term rentals from tourist zones or mixed tourist-residential areas, allowing operations in these locations.
- Sentencia TSJC de 25 de mayo de 2017 (Rec. 99/2015): Annulled Article 12.1, which required ceding the entire property, thus permitting partial rentals such as individual rooms, even with the owner present, subject to other rules.
Supreme Court Confirmations:
Also annulled Article 13.3 (delaying operations until registration) and related annexes, enabling immediate activity upon declaration.
Confirmations by Tribunal Supremo: Sentences in 2018 and 2019, including STS of 12 December 2018, upheld these annulments, emphasizing proportionality and competition.
These annulments created regulatory gaps, meaning the stricken provisions are void and not replaced automatically. The remaining parts of Decreto 113/2015 continue to apply, but operations like partial rentals are now feasible if compliant with urban planning and other laws.
Current Regulations and Modifications
As of September 21, 2025, the framework incorporates modifications to address housing shortages and sustainable tourism.
Decreto-ley 2/2025, de 17 de marzo:
Introduces urgent measures on tourist use compliance, modifying Ley 2/2013. It consolidates pre-2017 residential uses in tourist zones, strengthens enforcement, and enhances inspections without banning short-term rentals outright.
Real Decreto 1312/2024, de 23 de diciembre:
A national decree creating a Unified Rental Registry and Digital Single Window for short-term rentals, effective July 1, 2025. It requires registration numbers for listings on platforms, data reporting, and compliance checks, applicable to the Canary Islands.
Local variations by Cabildos and municipalities may add stricter rules, including taxes and bans in specific areas.
Community Approvals and the 3/5 Majority Vote
Under Decreto 113/2015, short-term rentals are allowed if community statutes do not prohibit them, with no requirement for positive approval. However, Ley Orgánica 1/2025, de 2 de enero, amends Ley 49/1960 de Propiedad Horizontal, effective April 3, 2025, requiring prior express authorization from the community for short-term tourist rentals, approved by a 3/5 majority vote of owners and participation quotas.
This applies to new rentals post-April 3, 2025, with grandfathering for existing ones. Communities can impose conditions or bans with the same majority, including up to 20% surcharges on common expenses.
Possible Future Regulations: Proyecto de Ley de Ordenación Sostenible del Uso Turístico de Viviendas
This bill, under review in the Parlamento de Canarias as of September 2025, aims to update the framework for sustainability. Key proposals include density caps (e.g., 10% of residential stock), bans in saturated zones, prior authorizations, owner limits, and transitional provisions for existing rentals. It strengthens community roles by requiring proof of no prohibitions in statutes and potential certificates of non-opposition.
The bill is pending approval and may undergo amendments; we monitor developments closely.
Contact Us for Personalized Advice
Navigating these regulations can be complex. Our firm offers expert legal services for registration, compliance, and disputes. Contact us today for a consultation.
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