The Canarian Government gave a glimpse yesterday of the likely form of the redrafted Vivienda Vacacional as Turismo presented the proposed legislation to tourism sector chiefs. The draft sets the baseline that private holiday letting continues to be illegal in tourist (or mixed-tourist) areas, with the caveat “unless island Cabildos and Ayuntamientos establish otherwise through their local and regional laws.” This will leave the final decision on whether to allow private letting of residential properties in touristic or mixed-tourist areas in the hands of councils and Cabildos, with the default option being that it is illegal.
If this becomes the final form of the decree, it is likely to be challenged by pro-letting groups like Ascav which is already calling it a fudge that promotes the status-quo, so “more of the same”. If they do continue their challenge, it remains to be seen whether the Courts will consider the Government’s devolution of powers to local and regional authorities as a sufficient loosening of the rules which have already been judged to be too restrictive given that it is hard to envisage Cabildo or Ayuntamientos allowing a free-for-all in the teeth of opposition from local tourism businesses.
New Canarian Government tourism minister Isaac Castellano says that the redraft of the decree is now entering its consultation phase with relevant bodies in the tourism sector to get “the best possible consensus” and “to reconcile residents’ needs with the development of a sustainable and quality tourism industry”. The underlying principle, he said, was to give the municipal and insular authorities the tools they needed to modulate tourism rental in their areas given that they are the appropriate bodies to regulate the matter, and that this is an issue relating to a decree, not an actual law. Some will certainly consider it an issue relating to passing a hot political potato, rather than redrafting a decree, and there is still time for the proposed draft to be further amended, though presently it is being smiled on by tourism businesses and the hotel associations.