Key Points of a Regulation Redefining Holiday Rentals in the Archipielago.
The entry into force of Law 6/2025, of 10 December, on the Sustainable Regulation of the Tourist Use of Residential Properties marks a turning point in the regulation of holiday rentals in the Canary Islands. Its purpose is to rebalance three areas that have long coexisted in tension: access to housing, tourism activity and territorial planning.
Below is a clear and structured overview of the most relevant aspects for owners, operators, homeowners’ associations, and sector stakeholders.
1. Urban planning becomes the cornerstone of the system
The most significant change introduced by the law is positioning urban planning as an essential requirement for authorizing new tourist dwellings. The law establishes that:
- 90% of residential buildability must be allocated to primary residence, leaving only 10% available for holiday rentals.
- Tourist use may only be authorized if the area is not classified as a stressed residential market and if the urban plan confirms that there is sufficient land for primary housing.
- Tourist dwellings are prohibited in:
- agricultural settlements,
- rural land with natural or landscape protection,
- protected natural areas,
- mixed-use areas where planning does not clearly separate residential and tourist use,
- protected housing.
This approach turns urban planning into a real “traffic light” determining where new tourist operations may or may not be allowed.
2. Directly applicable rules
The law incorporates a series of immediately binding requirements:
- Minimum 10-year age of the property.
- Automatic suspension of new registrations in stressed areas.
- Homeowners’ associations may limit or ban the activity if so provided in the constitutive title or bylaws.
3. Enhanced responsible declaration
The responsible declaration remains the enabling instrument but becomes more demanding. It must now include:
- An activity report including descriptions and plans.
- A certificate from the homeowners’ association confirming that no prohibition exists.
- An urban planning certificate confirming that tourist use is authorised under the applicable planning instruments.
The declaration:
- Allows activity to start upon submission.
- Has a limited validity of 5 years.
- Must be renewed meeting all requirements again.
4. Increased administrative oversight
The law requires municipalities and island councils to activate inspection plans within very short deadlines:
- 8 months for municipalities,
- 6 months for island councils.
A significant increase in supervisory activity is therefore anticipated.
5. Two regimes depending on who operates the property
A) Owner‑operator: consolidated tourist use
Owners who directly operate their property may apply for recognition of consolidated tourist use, which entails:
- the continuation of the activity without time limit,
- the exclusive allocation of the dwelling to tourist use,
- recognition—where applicable—of a legally consolidated tourist status, even when urban planning does not permit such use.
This consolidated status ceases if activity stops for more than one year, if the property is transferred, if the owner’s legal personality ceases, if certain works are carried out, or if the right of use ends.
B) Non‑owner operator
Non‑owner operators may continue operating for five years, unless the contract ends earlier. A social exception applies to households with incomes below 2.5 times IPREM.
After that period, they may only continue if the dwelling is compatible with the new regime.
6. Incentives to redirect housing stock and modernise tourist areas
The law introduces several incentives:
- Extending authorisation up to 20 years if another unused dwelling is allocated to long‑term residential rental.
- Allowing the conversion of entire residential buildings into exclusively tourist use through urban planning amendments.
- Allowing detached single‑family homes to be converted into tourist villas.
7. Minimum technical requirements
Until the forthcoming classification and categorisation regulations are approved, the following minimums apply:
- At least 35 m² of usable area.
- 2 or 3 bathrooms depending on capacity.
- Cooling systems with A‑grade energy efficiency.
- Energy certification F (pre‑2007) or D (2007 onwards).
- Renewable‑energy domestic hot water systems.
- Road access and compliance with accessibility standards.
These requirements may vary or be more flexible in El Hierro, La Gomera and La Palma.
A necessary but complex regulation expected to evolve
Law 6/2025 represents a structural shift in the regulation of holiday rentals in the Canary Islands. By strengthening the role of urban planning, tightening requirements and creating differentiated regimes, the law seeks to balance housing needs, tourism activity and territorial sustainability.
It is, however, a controversial regulation:
- It directly affects small and medium‑sized property owners.
- It introduces strict urban planning limits requiring major municipal coordination.
- It impacts tourist operators and digital platforms.
- It faces divergent expectations among economic actors and the public.
Moreover, its effectiveness will depend on the capacity of municipalities and island councils to adapt their planning, issue urban certificates and carry out rigorous inspections.
Everything suggests that this is a regulation destined to be adjusted through regulatory development, administrative interpretation and future legislative reforms.
In this transitional scenario, providing legal certainty and technical guidance to owners, operators and public administrations will be essential.
Mónica Fariña Cabrera
Lawyer - Legal Area coordinator
Eduardo Baamonde de Luis
Lawyer