The dispute over property laws in the Canary Islands has resulted in fines for hundreds of owners of tourist apartments, amounting to nearly £2,000 each. These fines were imposed because the owners were found to be using their properties on tourist complexes for residential purposes, contrary to the requirements of the 1995 Tourism Planning Law. Some owners were residing in the apartments themselves, while others were renting them out independently, without the involvement of a tour operator or management company.
The application of the law has sparked controversy, with an association opposing it arguing that it is being unfairly applied to properties that have never been used for tourist exploitation. More than 40,000 property owners were potentially affected by the law, facing substantial fines of £1,878 (€2,200).
However, recent developments indicate that many of these property owners have been relieved of the fines and sanction proceedings. This decision comes amid ongoing debate and criticism surrounding the enforcement of the Tourism Planning Law in the Canary Islands.
Tourism Minister Jessica de León’s announcement of the government’s intention to nullify fines on property owners has elicited mixed reactions, particularly from Maribé Doreste, the president of the platform “Those Affected by the Tourism Law” (PALT). Doreste criticized the move, describing it as “absurd” and emphasizing the need for a law that grants property owners autonomy over their properties.
Doreste argued that while halting the fines is a positive step, the real solution lies in repealing the rules that impose penalties and mandate property owners to relinquish control of their properties to third parties. She emphasized the importance of allowing each owner to decide how to use their property without interference from external regulations.
When the fines were initially announced, Doreste highlighted the discrepancy between the application of modern laws to properties that have been used in a certain way for decades. She criticized the enforcement of laws that penalize property owners for actions that have been commonplace for many years, particularly in cases where the properties have never been utilized for tourist purposes.
The government’s request for affected municipalities to consolidate regulations through a provisional ordinance to temporarily suspend penalties marks a potential resolution to the ongoing dispute over property laws in the Canary Islands. This process, expected to be implemented in the coming months, aims to alleviate the burden on affected property owners who have been facing fines since April of last year.
The fines were initiated following an amendment to the 1995 law in 2013, with the introduction of the Tourism Renewal and Modernisation Law of the Canary Islands. This amendment stipulated that accommodation units should prioritize their commercial and tourist nature over any other purpose, thereby prohibiting residential use of these units.
The contentious issue impacts all of the Canary Islands, with Gran Canaria and Lanzarote being particularly affected due to their high concentration of apartments compared to Tenerife, where the majority of accommodation is hotel-based. The widespread implementation of fines has prompted calls for a more nuanced approach to property regulations, emphasizing the need to balance tourist interests with the rights of property owners.