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PROPERTY

Spain’s Canaries consider limiting short-term holiday lets

The Canary Islands' Tourism Ministry is in the process of drafting a law that will regulate holiday rentals, which represent a staggering third of available accommodation in the archipelago.

canary islands limit tourist rentals
The Canary Islands is in the midst of a housing crisis. Photo: Magic K/Pexels

The Canary Islands Regional Ministry of Tourism and Employment is set to draft and potentially pass a law that will regulate tourist rentals and provide a legal basis for the holiday accommodation sector on the distant Atlantic archipelago.

Jéssica de León, the minister with the tourism brief, explained in the regional parliament that the initiative is designed not only to deal with aspects of the region’s tourism model, but also housing, land use planning, the environment and consumer protection.

De León appeared to explain the current situation of the holiday rental regulations on the islands, a phenomenon which she stressed has experienced “a notable take-off in supply” in recent years.

Holiday rental properties represent a staggering 33 percent of the accommodation supply on the Canary Islands, with more than 42,000 homes and 179,000 beds, according to data from the National Statistics Institute (INE) for 2023. 

That makes it the fourth region in Spain in terms of holiday units, following Andalusia, Valencia and Catalonia. In percentage terms, the islands are higher still in the rankings.

READ ALSO: Which cities in Spain have new restrictions on tourist rentals?

“These figures make the Canary Islands the second autonomous community with the highest percentage of tourist housing in Spain, only behind the Balearic Islands,” said De León, who expressed her concern about the growth that has occurred in municipalities such as La Oliva (Fuerteventura) or Yaiza (Lanzarote), where 30.78 percent and 17.68 percent of homes there are for tourist use, respectively.

The rise in holiday rentals has strained the residential market and priced out many locals who are struggling to find a place to rent long-term for a decent price.

Rents have gone up by 86 percent in the last decade and yet people in the Canary Islands have the lowest wages in Spain together with workers in Extremadura.

“Our sustainability, the protection of the urban living, the right to decent housing, the quality of life of citizens and employment in the tourism sector are all at stake and we can no longer look the other way,” De León concluded.

Technically speaking, the archipelago’s holiday lets are regulated by a law that is more than eight years old (Decree 113/2015).

However, De León said the scope of these regulations is “very limited” and their effectiveness has been watered down by several subsequent rulings. It includes no limits on the amount of holiday lets, no official register of all these properties on record nor any categorisation criteria.

In addition, De León argued the 2015 decree did not contemplate any planning, – neither tourism, nor urban, nor territorial – and the conditions it imposed were “minimum”.

“They were useful at the time, but in 2023 they have become obsolete and do not respond to the demands of a society that demands changes and defends a tourism model that moves increasingly towards sustainability”, stressed De León in the parliament.

New legislation, therefore, seems very likely to regulate the holiday rental decree, but will likely be more wide-reaching and manage the tourist use of housing as a whole on the islands.

The regulations would make the Canary Islands the second region in Spain to regulate tourist accommodation by law, after the Balearic Islands.

Around 2 million people live in the Canary archipelago, mainly on the two biggest islands of Tenerife and Gran Canaria.

They are some of the most densely populated places in Spain, and with little land available and foreigners buying up around a third of homes in the region currently, property prices are kept high – whether it’s to rent or buy – and stock remains low. 

READ ALSO: Will Spain’s Canary Islands limit sale of properties to foreigners?

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VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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