Holiday Rental Association challenges Canary Islands Tourist Housing Law
The Canary Islands Holiday Rental Association (ASCAV) has asked the Spanish Ombudsman to challenge a Canary Islands law regulating holiday rentals before the Constitutional Court of Spain.
The association argues that the Sustainable Planning Law for the Tourist Use of Housing, approved by the Canary Islands Government, breaches the Spanish Constitution in several key areas.
Claims of constitutional violations
According to the Canary Islands Holiday Rental Association, the legislation interferes with powers that belong exclusively to the Spanish state, particularly in matters related to economic planning.
The organisation also claims the law encroaches on the powers of local councils in urban planning matters, conflicts with national administrative legislation and may infringe the right to private property.
Request for constitutional review
For these reasons, ASCAV has formally asked the Spanish Ombudsman to consider the complaint and submit an appeal of unconstitutionality against the law, known as Law 6/2025.
The association argues that the Canary Islands Government deliberately approved the regulation as a law rather than a lower-level regulation, as was done in 2015, in order to make it harder to challenge in the ordinary courts.
Because of this legal structure, the Canary Islands Holiday Rental Association says it cannot directly file a constitutional appeal itself and has therefore asked the Spanish Ombudsman to bring the case before the Constitutional Court of Spain.
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