In response to the numerous enquiries and messages which we received and the existing social concern about the presentation of the Draft of the law on the Regulation of the Tourist Use of Dwellings, LAJARES LAW OFFICES would like to make a series of statements.

It is not a law, it is a project. The current legal framework for holiday homes remains in force.

LAJARES LAW OFFICES points out that the proposed law is not a law and that therefore the previous regulatory framework and the possibility of presenting the responsible declarations to obtain a holiday home licence are still in force. Yes, you can still apply for the holiday rental license following the existing regulations.

LAJARES LAW OFFICES is committed to holiday homes.

LAJARES LAW OFFICES is studying with great interest the proposal/draft law that will affect holiday homes and will make submissions.

The draft law would have a potential negative impact on holiday homes.

LAJARES LAW OFFICES considers that its impact on the real estate market, economic activity, tourism and in general on the North of the Island could be significant if some of its aspects are not modified.

It was not the expected regulation on holiday homes.

LAJARES LAW OFFICES considers that some of the expectations, motives and reasons given to citizens in the first public information process in November 2023 have not been fulfilled and/or have been even more negative.

It is a difficult to understand proposed regulation on holiday homes.

LAJARES LAW OFFICES considers that the Law is extraordinarily long in its explanatory memorandum (34 pages), the articles are equally long and in general, it is not a law that can be easily understood by the real addressee of the law, the citizen. This could go against the simplification and rationalisation of the regulatory framework.

The lack of residential housing cannot be attributed solely to holiday homes.

LAJARES LAW OFFICES does not agree with the grounds of the regulation, which is essentially based on linking the lack of free residential housing and the right to access to decent and adequate housing with the existence of holiday homes, in an excessively simplistic cause-effect exercise.

Without prejudice to its limited effects, it is other housing regulations that must regulate the lack of housing in the Canary Islands, as is already being done. We believe that the housing regulations issued by the Canary Islands Government itself  BOC – 2024/37. Martes 20 de febrero de 2024 – 702 (gobiernodecanarias.org) must be coordinated, because if the proposed measures on access to housing are successful, much of the justification for the regulation of holiday homes will be lost.

The proposal cannot be made based on prohibition and excessive interventionism in holiday homes.

LAJARES LAW OFFICES considers that the regulation of holiday homes and its justification must be based on the comparison with other tourist products, in establishing criteria for implementation that prevent negative practices, all of this for the purpose of applying similar requirements of quality, services and others in order to improve the tourist offer in the Canary Islands, although this issue does not appear as an essential reason for the regulation.

Certain proposals would lead to the expulsion of many holiday homes from the market.

LAJARES LAW OFFICES observes certain contradictions in its regulation, since if, as is recognised in La Oliva, there is 21.50% of holiday housing compared to residential use, imposing that the planning can only admit 10% of the residential building destined for this product, would mean the declaration of out of order of that percentage which is known to be higher than that foreseen by the regulation. We believe that the reality is what it is, and only one and this limitation makes no sense.

Another question is whether the holiday home, once authorised, is a tourist product and not a residential one, with the legal and substantive contradictions that this implies.

Only dwellings that are more than 10 years old and lack current efficiency and sustainability criteria can be used as holiday homes.

LAJARES LAW OFFICES understands that, if, as the proposal states, the aim is to ensure that the Holiday Home market is only accessible to homes over 10 years old, it seems initially contradictory to maintaining a stock of efficient and modern holiday homes. As very few houses were built in the Canary Islands between 2007-2014 due to the economic crisis, this mention would almost force that the Holiday Home market is only accessible to those older than 17 years, which in many cases do not meet the minimum requirements of the current Technical Building Code in terms of sustainability, efficiency and so on.

All you need is Law.

LAJARES LAW OFFICES will defend the rights of its clients as citizens, so that their legitimate aspirations are not harmed and a legal framework is not distorted, which, with its virtues and defects, has an important impact on the activity and patrimony of citizens.