Regulations on Holiday Rental Properties in theAutonomous Community of the Canary Islands


 

What tourism requirements must "holiday rental properties" meet before being rented for the first time?

  1. Buildings comply with the urban development regulations and the planning determinations on land use and building and hold all the required licences and authorisations (in no case can they be located in tourist lands that are found in tourist zones, in tourist urbanizations or mixed residential tourist developments).
  2. The following administrative documents have been made available:
  1. The declaration of occupation of property or facilities, pursuant to Article 166 bis of the consolidated text of the Canary Islands Urban Planning and Natural Spaces on the Canary Islands Acts, which may be found here.
  2. The habitability certificate or first occupancy licence on the basis of the conditions established in Decree no. 117/2006, of 1 August 2006, regulating the habitability conditions established for housing.
  1. The design and dimensions need to be sufficient for an appropriate amount of furniture, with these items, along with other facilities and equipment, allowing activities related to rest, dressing, hygiene storage and access to telecommunications services.
  2. The minimum dimensions, equipment elements and calculation of the usable square meters of floor area of the holiday rental property, as well as its occupancy, based on the number of single and double bedrooms, must comply with that set forth in Decree no. 117/2006 of 1 August 2006, which may be found here.
  3. Rooms must be furnished and equipped for immediate use, in line with the number of travellers and the activity in question. The minimum in terms of furniture, fixtures and fittings is as follows:
  1. General:
  1. Interior lock on access doors.
  2. First-aid kit.
  1.  Bedrooms:
  1. Reading light next to each bed.
  2. Effective light reduction system in each bedroom.
  3. A suitable number of clothes hangers for the people using the holiday rental property, made from a non-deformable material and in a uniform style.
  4. Double beds (at least 135 cm x 190 cm) or single beds (at least 90 cm x 190 cm).
  5. Minimum fixtures and fittings and sufficient bed linens for the number of travellers. If the stay is to last over a week, a change of bedclothes must be provided.
  1. Bathroom fixtures and fittings:
  1. Mirror
  2. Hair dryer
  3. Toilet paper roll holder
  4. Bath mat
  5. Shelf for travellers' toiletries
  6. Towel rail or holder
  7. Clothes hangers or hooks
  8. Bath or shower enclosure or screen
  9. Bath towel for each traveller. If the stay is to last over a week, a change of towels must be provided.
  1. Kitchen fixtures and fittings:
  1. Oven or microwave
  2. Coffee maker
  3. Sufficient crockery, cutlery and glassware for the number of travellers staying in the accommodation
  4. Sufficient household utensils and table cloths etc. for the handling and consumption of food and drink
  5. Cleaning utensils.
  6. Iron and ironing board.

6. The rental property should be appropriately maintained during its use as accommodation.

 

From a tourism perspective, what additional requirements must a "holiday rental property" meet while being used as a rental?

In addition to the general requirements, which must be satisfied at all times throughout the duration of the tourism activity, the following aspects must also be taken into account:

  1. The holiday rental property has to be rented out twice or more within a year to different customers, or to one customer over the year but on repeated occasions.
  2. The holiday rental property must be marketed or advertised through travel agencies, accommodation booking services and other intermediary tourism companies and organisations (including virtual intermediary platforms) web pages for promotion, advertising, booking or renting or advertising by any means of communication..
  3. Holiday rental properties should be rented in return for financial compensation, taking into account the following:
  1. The holiday rental property must display the price of the accommodation, featuring the date on which this price was first publically advertised and applied.
  2. Higher prices may not be charged, nor may charges be made for services or other areas which were not requested or listed in the advertising or outlined in the document given to the customer on renting the accommodation.
  1. The renting of holiday properties must be made in writing prior to occupancy by means of a document written in at least English and Spanish, which must be signed by the parties concerned and which sets out the following:
  1. The conditions of the rental, as outlined in the contract.
  2. The maximum number of people who may occupy the holiday rental property, as well as information on arrival and check out times etc.
  3. The price to be charged for the accommodation service, including IGIC (the General Indirect Canary Islands Tax).
  1. The advertising, offer and management of the holiday rental property must meet standards of veracity, objectivity and good faith, providing guests with sufficient information on its characteristics, conditions of use and full details of the contracted services.
  2. All advertising, regardless of the medium of communication via which it appears, must include the registration number of the Autonomous Community of the Canary Islands General Tourism Registry assigned to the property.
  3. The marketing and advertising of holiday accommodation must not lead to confusion or error regarding the model or type on offer. The non-hotel, holiday rental property nature of the accommodation must be made expressly clear.
  4. Prior to the formalisation of the reservation or the contracting of the accommodation service, the conditions of access to the holiday rental property, arrival and check-out times, admission of pets, reservation system and prices of services must be established, as well as any other requirement regarding use of the accommodation.
  5. Guests using the amenities and services must be informed of the security measures adopted and the risks involved.
  6. Each holiday rental property must display a notice in a visible spot, written in at least English and Spanish, with a contact telephone number, available from at least 8 am to 8 pm, allowing any incident relating to the property to be resolved, as well as addresses and telephone numbers for emergency and health services.
  7. A further notice in at least English and Spanish must be placed in a visible, easy-to-read place in each holiday rental property, outlining the following prohibitions, which guests shall be made aware of prior to or at the time of contracting the accommodation:
  1. Use of the holiday rental property for purposes other than the tourist activities for which it was rented.
  2. Any activity which contravenes standards of coexistence, hygiene and public order or which impede the normal rest of others using the building.
  1. It is forbidden to provide the accommodation to a greater number of people than that stipulated by the holiday rental property's capacity as determined by the number of bedrooms and maximum occupancy detailed in the building occupancy and amenities statement of compliance or the habitability certificate or first occupancy licence.
  2. Holiday rental properties are rented in their entirety to a single person. Either the rental of individual rooms, nor the signing of various contracts at the same time is permitted.
  3. In the entrance to all holiday rental properties and in a clearly visible place, the distinguishing sign provided for in Annex 1 of Decree no. 113/2015, of 22 May 2015, enacting the Canary Islands Holiday Rental Property Regulations Act (see here) must be displayed, stating the Autonomous Community of the Canary Islands General Tourism Registry entry number assigned to the dwelling. Those buildings in which the display of the aforesaid sign has been prohibited by the rules of the owners' community are exempted from this obligation.
  4. The holiday rental property must be made available to guests in a perfect state of cleanliness and hygiene, allowing the accommodation to be used immediately.
  5. The owner or manager of the holiday rental property should be registered in the appropriate section for Business Activities Tax with the Tax Administration.
  6. The General Department of Police must be provided with all information relating to those staying at the holiday rental property, pursuant to legal regulations governing documentary records and information which may be found here.
  7. Complaint forms have to be made available to guests which comply with the official model which may be downloaded here. A notice informing travellers of the existence of said forms in Spanish, English, German and one other language should be visible and clearly displayed.

 

For tourism purposes, what procedure must I follow in order to rent out my "holiday rental property"?

  1. Present the holiday rental property statement of compliance:
  1. Click here if the property is in Gran Canaria.
  2. Click here if the property is in Tenerife.
  3. Click here if the property is in Lanzarote.
  4. Click here if the property is in Fuerteventura.
  5. Click here if the property is in La Gomera.
  6. Click here if the property is in El Hierro.

*The rental of holiday properties is not permitted on La Palma. For further information regarding the Special Territorial Plan for the Regulation of Tourism Activities, click here.

  1. The following documents must be adjoined to the form:
  1. In Gran Canaria:
    1. The Declaration of occupation of property or facilities, as per Article 166.bis of the Redacted Text of the Urban Planning Act of the Canary Islands and of the Law on Natural Spaces on the Canary Islands or the habitability certificate or the first occupancy license.
    2. Where the exploitation of the property is undertaken by a legal entity, a public deed confirming that the business purpose of said entity is the exploitation of holiday properties.
  1. In Tenerife:
    1. The Declaration of occupation of property or facilities, as per Article 166.bis of the Redacted Text of the Urban Planning Act of the Canary Islands and of the Law on Natural Spaces on the Canary Islands or the habitability certificate or the first occupancy license.
    2. A document confirming the availability of the holiday rental property (a public deed confirming its acquisition and, if appropriate, a photocopy of the lease contract signed by the owner of the property and the person seeking to exploit it).
    3. The National or Foreign Identity Number of the person seeking to exploit the property, in the case he is a natural person.
    4. Public deed of incorporation, with the Tax Identification Number, National Identification Number or Foreign Identity Number of the administrators and a public deed confirming the identities of their representatives if the person seeking to exploit the property is a legal entity.
  2. In Lanzarote:
    1. The Declaration of occupation of property or facilities, as per Article 166.bis of the Redacted Text of the Urban Planning Act of the Canary Islands and of the Law on Natural Spaces on the Canary Islands or the habitability certificate or the first occupancy license.
    2. A statement of compliance that the Statutes of the owners' community contain a prohibition on the display of a board, if appropriate.
    3. A document confirming that the dwelling may be used as a holiday rental property.
    4. The National Identification Card of the person seeking to exploit the holiday rental property or their legal representative, if any and if that person is a natural person.
    5. A public deed of construction and the Tax Identification Number of the person seeking to exploit the property or their legal representative, if that person is a legal entity.
  3. In Fuerteventura:
    1. The Declaration of occupation of property or facilities, as per Article 166.bis of the Redacted Text of the Urban Planning Act of the Canary Islands and of the Law on Natural Spaces on the Canary Islands or the habitability certificate or the first occupancy license.
    2. A certificate or municipal report on the land on which the holiday rental property is built, indicating whether or not the holiday rental property is located on land apt for tourism, within tourist developments or in mixed tourist developments (residential-tourist).
    3. Plan of the location of the holiday rental property and of its layout.
    4. Photographs showing the current state of the property (facade, bedrooms, other bedrooms and other important facilities).
    5. A document confirming the availability of the holiday rental property (a public deed confirming the identity of the owner of the property or the person appointed by the owner to exploit it, if appropriate).
    6. A document verifying payment of the corresponding fee.
    7. A statement of compliance that the Statutes of the owners' community contain a prohibition on the display of a board, if appropriate.
    8. The National Identity Card or a similar document of the person seeking to exploit the property, in the case of a natural person.
    9. Deed or contract of incorporation of the company exploiting the holiday rental property, along with its articles of association and Tax Identification Number, in the case of a legal entity.
    10. The National Identity Card or a similar document of the representative of the individual or legal entity seeking to exploit the property, together with a photocopy of the power of attorney to act in its name, if appropriate.
  4. In La Gomera:
    1. The Declaration of occupation of property or facilities, as per Article 166.bis of the Redacted Text of the Urban Planning Act of the Canary Islands and of the Law on Natural Spaces on the Canary Islands or the habitability certificate or the first occupancy license.
    2. A certificate or municipal report on the land on which the holiday rental property is built, indicating whether or not the holiday rental property is located on land apt for tourism within a tourist development or in mixed tourist developments (residential-tourist).
    3. A document confirming the availability of the holiday rental property (a public deed confirming ownership or the lease contract signed by the owner of the property and the person seeking to exploit it, if appropriate)
    4. Plan of the location of the holiday rental property and of its layout.
    5. Scale and dimensioned plan of the holiday rental property, specifying the floor area of all rooms.
    6. Document verifying payment of the corresponding fee.
    7. The National or Foreign Identity Number of the person seeking to exploit the holiday rental property or their legal representative, if any and if that person is a natural person.
    8. Public deed of incorporation, the Tax Identification Number, National Identification Number or Foreign Identity Number of the administrators and a public deed confirming the identities of their representatives if the person seeking to exploit the property is a natural person.
  5. In El Hierro:
    1. The Declaration of occupation of property or facilities, as per Article 166.bis of the Redacted Text of the Urban Planning Act of the Canary Islands and of the Law on Natural Spaces on the Canary Islands or the habitability certificate or the first occupancy license.
    2. Municipal Town Planning Certificate confirming the classification of the land on which the property is built and compatibility of use.
    3. Confirmation of registration with the General Indirect Canary Islands Tax (IGIC).
    4. A document confirming compliance with all technical regulations that apply to buildings and fire protection (technical study and tourist accommodation establishment certificate).
    5. Plan showing the location of the holiday rental property or a plan to scale, showing elevations and indicating the various rooms and spaces and furniture therein, specifying their floor area.
    6. Photographs of the property.
    7. Cadastral survey or Immovable Property Tax (IBI) certificate.
    8. A document confirming the availability of the holiday rental property (a public deed confirming ownership of the property or the lease contract signed by the owner of the property and the person seeking to exploit it for the purposes of tourism)
    9. A statement of compliance that the Statutes of the owners' community contain a prohibition on the display of a board, if appropriate.
    10. The National Identity, Foreign Identity or Passport Number of the person seeking to exploit the property, in the case of an individual.
    11. Public deed of incorporation, articles of incorporation and the Tax Identification Number of the legal entity seeking to exploit the property.
    12. The National Identity, Foreign Identity or Passport Number of the representative and document accrediting their power of representation, if appropriate.
  1. Submit the form via the following
  1. Offices of the Island Council Registry and Citizen Services where the holiday rental property is located, any administrative body pertaining to the National or Regional Public Administration or any of the bodies that form the Local Administration. In this latter case, such entities must be signatories to the corresponding collective agreement.
  2. Post offices, preferably to the following address:
  1. Patronato de Turismo de Gran Canaria, Calle Triana 93, 35003 Las Palmas.
  2. Servicio Administrativo de Turismo y Policía Turística de Santa Cruz de Tenerife, Plaza de España 1, 38003 Santa Cruz de Tenerife.
  3. Cabildo de Lanzarote, Avenida Fred Olsen s/n, 35500 Arrecife, Las Palmas.
  4. Consejería de Turismo del Cabildo de Fuerteventura, Calle Primero de Mayo 39, 35600 Puerto del Rosario, Fuerteventura.
  5. Cabildo Insular de la Gomera, Calle Profesor Armas Fernández 2, 38800 San Sebastián de La Gomera, Santa Cruz de Tenerife.
  6. Cabildo Insular de El Hierro, Calle Doctor Quintero Magdaleno 11, 38900 Valverde, El Hierro.
  1. Spanish diplomatic agencies or consular offices abroad.
  2. Payment of the corresponding fee.
  3. Further information on holiday rental properties in Tenerife here and in Lanzarote here.

 

What tourism regulations govern the rental of my property?

 

Laws: The Regulation of Tourism in the Canary Islands Act no. 7/1995 of 6 April 1995, particularly Articles 13, 18, 20, 28, 37, 38, 39, 40 and 43.

Decrees: Decree no. 113/2015 of 22 May 2015, enacting the Canary Islands Holiday Rental Property Regulations Act, particularly Articles 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 16

 

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