Canarian proposed rental law “absurd”

A Lanzarote lawyer claims the Canarian Government’s proposed law on Holiday Rentals will “exterminate” VVs (Viviendas Vacacionales, or holiday rental apartments) on the Canaries, if approved.

Eileen Izquierdo Lawlor, an Arrecife lawyer who has represented many VV owners, told us that “the requirements that are demanded of rental owners are, in the vast majority of cases, impossible to fulfil. That is why I believe it will exterminate VVs.”

The Coalición Canaria (CC) party regained control of the Canarian Government in last year’s regional elections and announced that a new law would be made shortly after taking office. The draft law was presented in March.

Eileen says “The law is not made to solve the housing problem. It is clearly created to benefit the hoteliers and big tenants” and describes how “the previous law of 2015 was rushed through by the CC on the day before the regional elections of 2015 and included a last moment article that was not in the published draft, which prohibited VV in the resorts, and only allowed them in residential areas such as Arrecife.”

According to Eileen, “This proved beyond doubt that the CC has never cared about the residents or the impact of the VVs on the resident population, and has only tried to benefit the hoteliers. If in recent years it has been possible to register VVs in tourist areas it is because the courts have annulled certain articles of the law of 2015.”

Eileen points out that the new law, which claims to protect the residential use of dwellings on residential land, nevertheless allows an owner who has an entire building with VV to transform it into tourist flats. “Absurd and designed so that those owners of entire buildings with VV do not lose their business.”

The new law may be approved by the end of July at the earliest, but more possibly by the end of the year because “there are many amendments and petitions from local councils that they will have to listen to.” However, Eileen also thinks it is possible that before it is passed, a moratorium will be approved urgently to stop a rush of lastminute registrations.

Eileen’s advice? “Of course, whoever is renting should register NOW because it could be that the law will not be applied retroactively, or because they will have at least 5 years to eliminate it. “Those who are registered and renting should just wait to be updated and if they receive any requirements, go to a lawyer.”