Penalties for Holiday Homes in the Canary Islands (Viviendas Vacacionales)
Compliance and Penalties: The Importance of Complying with Canary Islands Vacation Rental Regulations (Vivienda Vacacional)
In recent years, the Canary Islands have consolidated their position as one of the world’s most desirable tourist destinations, attracting millions of visitors due to their mild climate, spectacular natural beauty, and wide range of recreational activities. This growing influx of tourists has prompted many local investors and owners to turn their homes into Viviendas Vacacionales, or vacation homes, to take advantage of the high demand for short-term accommodations.
However, the expansion of this sector has raised concerns both about the impact on the housing market and the quality of life of local residents and the need to maintain high standards of safety and service for tourists. In response to these challenges, Canary Island authorities have introduced a series of regulations designed to govern the use of viviendas vacacionales. These regulations not only define the requirements necessary to operate the business, but also establish a strict penalty framework for those who do not comply.
In my article, I looked in detail at the penalties provided by law for violators of the viviendas vacacionales regulations. These penalties vary according to the severity of the violations and can result in significant consequences for owners, including heavy fines, suspension of operations and, in the most serious cases, permanent closure of the business itself. Penalties are divided into three main categories: mild penalties, severe penalties, and very severe penalties, each reflecting the nature and severity of the violation committed.
Mild penalties, which can result in fines of up to 1,500 euros, are generally applied for minor infractions such as the lack of mandatory information announcements or minor deficiencies in the services offered. Serious penalties, with fines of up to 30,000 euros, refer to more serious violations such as lack of adequate infrastructure or misleading advertising. Finally, very serious penalties, with fines of up to 300,000 euros and suspension of activities for prolonged periods, are reserved for more serious infractions, such as building facilities without a permit or falsifying documents.
This overview of sanctions highlights the importance of responsible and compliant management of viviendas vacacionales. For investors and owners, it is critical to fully understand the legal implications of their activities and take all necessary steps to comply with local laws. This is the only way to avoid the heavy penalties involved and ensure the long-term success of the tourism business.
Through a thorough knowledge of the rules and an unwavering commitment to their compliance, owners of viviendas vacacionales can not only protect themselves from legal consequences, but also contribute positively to the local economy by offering tourists a safe and high-quality experience in the beautiful Canary Islands.
MILD PENALTY OF UP TO 1,500 EUROS
1) Accessing or engaging in unregulated tourism activities in accordance with the regulations, violating the reporting requirement stipulated in Article 13.2 (a).
2) The lack of mandatory public display announcements, badges, signs or information, the refusal to provide them, or any form of concealment thereof.
3) The rude treatment of customers.
4) The behaviors deterring from requesting information.
5) Slight deficiencies in the provision of services, in the decoration of establishments and in the operation or cleanliness of premises, facilities and furnishings, or in the hygiene and decorum of personnel that cause inconvenience to users.
6) Failing to prepare invoices in accordance with regulatory requirements, or failing to keep copies of invoices issued.
7) Actions or omissions that, as part of the inspection or technical verification activity, result only in a delay in fulfilling information and reporting requirements.
8) Any other violations that, while classified as serious, would not merit this consideration due to lack of intent, nature, occasion, or circumstance, and, in particular, serious violations when it is established that the restoration of legality was immediate, without the rights of users being compromised, or when, having been established by the intervening inspection that the violations provided for in Nos. 1 and 3 of Article 76 were committed, legality is restored within the time limit established by it based on the extent and nature of the violations and the time limitation period of the violations.
9) Failure to submit the report resulting from the technical inspection of tourist establishments within the prescribed time limit
10) Failure to notify the land registry office of the actual use of the tourist farm within the stipulated time.
A warning will be adopted in cases of minor infractions when there is no recurrence and the imposition of a fine is not deemed appropriate
SEVERE PENALTY OF €1,501 TO €30,000
Temporary suspension of professional activities or practice: from one day to six months suspension in case of recidivism.
1) Not having the mandatory facilities, systems or services, according to tourism regulations, or having them in an inadequate state of preservation or operation.
2) Obvious and widespread deficiencies in the provision of services, decoration of establishments and operation or cleanliness of premises, facilities and utensils, as well as violation of the obligations set forth in Article 17.2 of this law.
3) The mishandling of words, actions or omissions towards the tourist user.
4) Missing mandatory complaint forms, failing to provide them to customers, or failing to handle them promptly and properly
5) Do not issue or fail to deliver invoices to the tourist customer for services rendered
6) The contracting of personnel who do not possess the prescribed title or qualification to provide the required services.
7) Obstructing or resisting the work of tourist inspection, as long as it does not impede it.
8) Failure of employers or their representatives to appear at summonses conducted by tourism inspectors in the manner established by this law
9) Missing or failing to provide the inspection book when a standard requires it to be available.
10) Obstruction or resistance to the verification action, which does not go so far as to prevent it, carried out by the Tourism Administration in accordance with the provisions of Articles 24.1 and 32.4, provided that it does not fall under number 6 of the previous article.
11) Misleading tourism advertising, equivocal offers or any form of suggestion that suggests a higher quality of facilities or services than the real thing.
12) The use of aggressive promotional systems that disturb the tranquility of tourist users, under the terms covered by Article 19.1 of this law.
13) Overbooking that originates an excess of reservations that cannot be handled unless it is proven that the requirements set forth in items 2 and 3 of Article 37 of this law are met and that the stay was satisfactory to the tourist user.
14) Violation of the rules regarding reservations and cancellations of seats and failure to provide an agreed service, when this results in obvious prejudice to the customer.
15) Professional practice carried out in violation of regulations on the provision of tourist services.
16) Falsehood in previous communications and responsible statements in cases not covered in Section 9 of the previous article.
17) Violation of the obligations to maintain the quality of establishments stipulated in this law.
18) Violations considered to be very serious that, for reasons of intent, nature, occasion or circumstances, should not be considered as such.
19) Failing to submit the report of the technical inspection of tourist establishments, having already suffered a penalty for committing the offense stipulated in Article 77.9 of this Law.
20) The violation of the adopted provisions on restrictions on access to the tourist accommodation facility for public health reasons.
VERY SERIOUS PENALTY OF €30,001 TO €300,000
(1) The construction, expansion, rehabilitation, reform or opening of tourist lodging facilities in disregard of the obligations stipulated in Article 13.2 (a).
2) The construction, expansion, rehabilitation, reform, or opening of tourist accommodation facilities, without a permit, when by law or regulation, limitations or restrictions are established on the creation of new tourist accommodation offerings for environmental or land-use planning reasons, particularly when such limitations are justified by land-use planning based on the carrying capacity of the islands, as stipulated in Article 24.2 of this Law.
3) Access to or exercise of regulated tourist activities by failing to comply with the reporting requirement stipulated in Article 13.2 (a); as well as failing to obtain the permits stipulated in Article 13.2 (b) and (g)
4) Fail to assume or maintain in force the liability policy in accordance with the terms established by the applicable regulations.
5) Failure to comply with tourist standards of density, infrastructure or service at places of tourist stay.
6) Failing to provide a service as agreed upon by the parties when doing so would result in serious harm to the user.
Damage will be considered serious when it affects the health or safety of tourist users or represents a significant and irreversible loss of money or value of their property.
The denial or obstruction of the action of the tourism inspection that goes so far as to prevent the exercise of the functions that are legally or regulationally assigned to it or the provision of false information or documents to it
(7) The denial or obstruction of the verification activity provided for in Articles 24.1 and 32.4, when preventing access to the establishments or making it impossible to verify all the requirements required by the regulations in force for the exercise of the activity or operation of tourist establishments or their classification and, in particular, those that concern the health and safety of tourist users
8) Attacks and actions detrimental to the tourist image of the Canary Islands or any of its tourist places, which constitute violations of tourism regulations or sectoral laws. Attacks or actions detrimental to the tourist image of the Canary Islands or any of its tourist places will be considered behaviors that falsify, damage, weaken or deteriorate such image.
9) The violation of legal regulations regarding the principle of unity of exploitation of housing establishments.
10) Falsehood in responsible statements when it relates to data that seriously affects the health and safety of tourists. It is understood that the falsehood affects the safety of tourists when it relates to or refers to compliance with the regulations on fire protection, safety of buildings and premises, and conditions of hygiene and safety of industrial, sports or entertainment facilities, causing such falsehood to result in the hidden risk situation that the violated regulations are intended to prevent.
11) Failure to comply with the duty of building renewal in the prescribed time when so stipulated in the determinations contained in the ordering and planning instruments.
12) The violation or alteration of the necessary and decisive conditions for the exercise of tourist activity that were a prerequisite for the corresponding permit or prior notice.
13) The violation of the obligation to comply with the use established by the urban development plan by allocating a tourist accommodation facility for residential purposes
14) Professional practice carried out in violation of tourism regulations
APPLY FOR VIVIENDA VACACIONAL LICENSE HERE. READY IN LESS THAN 48 HOURS
If you want to comply with the law and operate your vacation home in the Canary Islands in a compliant manner, it is essential to obtain a vivienda vacacional license. Click on the link below to start the official application process and make sure you are in compliance with all legal requirements.
https://www.propertyforsalegrancanaria.com/vivienda-vacacional/
