The Canary Islands' Department of Tourism has announced the indefinite suspension of fines imposed on people living in apartments tourist or holiday complexes. This measure will remain in place until the new holiday rental law comes into effect, with discussions on the legislation scheduled for 14th March.
The decision follows a request from the mayor of San Bartolomé de Tirajana, Marco Aurelio Pérez, to the regional Minister for Tourism, Jéssica de León, who intends to implement the suspension through a government decree.
The 1995 Tourism Planning Law introduced the principle of unified management, aiming to ensure a consistent level of service and a uniform image for tourist destinations. This was further reinforced in the 2013 Law on Tourism Renewal and Modernisation, which explicitly stated that owners of tourist apartments did not possess residential property but rather accommodation designated for tourism.
Despite these regulations, a significant number of tourist apartments have been converted into residential properties in recent years. This trend has led to a considerable reduction in the number of apartments available for tourists on holiday complexes, particularly in places like Puerto Rico in Gran Canaria, where apart-hotel accommodation has dropped by 50% over the past decade.
In response, authorities began issuing fines three years ago, averaging €2,500 per case. This sparked widespread discontent, particularly among foreign property owners who were often unaware that their purchases were classified as tourist properties under a sole rental company (exploitation company), similar to commercial premises where residential use is prohibited. To date, 75 fines have been issued, with nearly 3,000 more being processed.
To address the situation, the San Bartolomé de Tirajana council announced plans in July 2024 to draft a municipal ordinance to clarify zoning regulations. The aim was to formally designate which complexes would be residential and which would remain for tourist use. During this time, the regional government temporarily halted fines, but that suspension has now expired.
Nine months later, however, the council has yet to complete the zoning update, and many fines remain under review. Mayor Pérez has urged the tourism minister to suspend ongoing sanction proceedings until the new regulations are in place, although no specific timeline has been requested.
Currently, an exception exists allowing residents to live in holiday complexes if they were already living there before January 2017. However, as zoning classifications have yet to be finalised, affected residents cannot easily prove their right to remain. This has resulted in fines being issued to individuals who should, in theory, be exempt.
Fernando Estany, vice president of the Federation of Hospitality and Tourism Entrepreneurs (FEHT), stressed the importance of resolving this issue, stating, "The specialisation of land use must be completed as soon as possible so that those entitled to reside in these properties can do so without fear."
Tourism sector expert Antonio Garzón echoed these concerns, emphasising the need for clear regulations regarding land use. Both he and Estany oppose the idea of mixed-use developments, arguing that residential and tourist accommodations cannot effectively coexist within the same complexes.
Meanwhile, Maribé Doreste, president of the Platform for Those Affected by the Tourism Law (PALT), criticised the temporary suspension as merely a "sticking plaster" that fails to address the root of the problem. She has called for the repeal of the 2013 law, which provides the legal basis for imposing fines.
"This amounts to disguised expropriation," Doreste claimed. "We do not understand why we cannot live in our own homes." She also urged local authorities to accelerate the process of zoning clarification, arguing that the law contradicts the Spanish Constitution and should be abolished.
