The Canary Islands' Consultative Council has approved the draft law on holiday rentals proposed by the regional government, however, they have raised significant objections and observations to over 20 articles and provisions within the legislation, highlighting its lack of alignment with sustainable development goals and its inability to effectively tackle tourist saturation.
The council, tasked with providing non-binding opinions on legislative proposals, acknowledged that the law concerns areas under the archipelago's jurisdiction, such as tourism, housing, and urban planning.
Yet it questioned the government’s justification for the law, particularly an amendment to the Canary Islands' controversial 2017 Land Law. This amendment seeks to increase restrictions on new developments beyond designated tourist zones to cover the entire island territory.
The council remarked that this modification conflicts with the principles of sustainable development and fails to mitigate the overburdening of areas already experiencing saturation.
The draft law introduces a cap on holiday rentals, limiting them to 10% of residential buildings in each municipality, with allowances increased to 20% in the smaller "Green Islands" of La Palma, La Gomera, and El Hierro.
However, the Consultative Council noted that these thresholds may still permit unsustainable growth. The council also criticised the lack of clear criteria or minimum standards to protect residential land use and prevent environmental and urban harm.
Jessica de León, the regional Tourism Minister, defended the law as a foundational step towards addressing mass tourism concerns raised during protests earlier in the year.
She emphasised that the regulation aims to balance economic activity with sustainable development. However, the council disagreed, suggesting that the measures would do little to alleviate existing pressures on infrastructure and housing availability.
The Consultative Council expressed concerns over the hurried nature of the legislative process, initiated under emergency procedures by the Ministry of Tourism. While recognising the urgency of regulating the rapidly growing holiday rental market, the council argued that the technical and legal complexity of the draft warranted a more thorough analysis.
The council also identified potential overreach in the government's attempt to regulate labour arrangements for holiday rentals, warning that such measures fall under national jurisdiction. It further flagged issues of legal uncertainty in provisions addressing the cessation of non-compliant holiday rental activities, criticising the vague language surrounding sanctions and enforcement.
The council's report reflects broader concerns about the Canary Islands' tourism model, which has increasingly come under scrutiny for its impact on housing, infrastructure, and the environment.
The proposed law permits property owners who currently operate holiday rentals to continue doing so indefinitely, a measure seen by critics as prioritising economic interests over long-term sustainability.
As the legislation approaches its final parliamentary review, it faces mounting criticism from geographers, environmentalists, and legal experts. Some have labelled the law as "Orwellian" for its perceived contradictions, while others warn of the socio-economic consequences of unchecked tourist accommodation growth.
Despite these concerns, the government insists that the law is a necessary first step in rethinking the Canary Islands' tourism model. Whether it can achieve its stated goals of balancing growth with sustainability remains to be seen, as the region continues to grapple with the challenges of being one of Europe's most popular tourist destinations.
