On the 22nd of May 2015 the Canary Island Government approved the long waited for decree to regulate holiday lets. Contrary to what was expected and due to a last minute modification, the decree did not resolve the situation for most of the properties being let on a short term basis to tourists.
Up until then, the only properties that were able to let with the approval (forced through the Courts as initially this was also denied) of the Cabildo were independent villas situated in tourist areas, so different owners of other properties who did not comply with the requirements were anxious for the decree initially prepared for approval and published to be passed, which covered all properties, such as apartments, semidetached properties etc. with the only exception of bed and breakfast establishments, but at the last minute a clause was introduced whereby all these properties could only be let if they were located in strictly residential areas.
As the local authorities have interpreted this, at present they consider that all of Costa Teguise, all of Puerto Del Carmen and most of Playa Blanca not to be strictly residential areas and consequently they are turning down all applications.
Nevertheless, Eileen Izquierdo Lawlor, lawyer of this firm, understands that this law infringes European and Spanish legislation that regulates tourist activities and therefore could be challenged at Court as she has done previously with over a hundred and twenty properties affected that initially were denied their right to let. We understand and can say from past experience that due to the enormous influence of the hoteliers in the Government of the Canary Islands, the only way to fight them is through the Courts, which we believe to be independent.
Currently we are in the process of fighting this through appealing individual situation, as, not being an association, we cannot fight the law itself.