The Law on Vivienda Vacacional in Italian
In 2018, when we posted the first “Vivienda Vacacional” license plate, we marked a historic moment for the short-rental sector in Gran Canaria.
At that time, regulations on short rentals were still relatively new and unexplored territory.
Many people were unaware of the importance of being in compliance, while others were operating without the necessary permits, putting their investments at risk.
We were the first real estate agency in Gran Canaria to affix the “Vivienda Vacacional” license plate, an achievement that allowed us not only to demonstrate our transparency and professionalism, but also to set an example in a market that was just beginning to regulate itself.
This achievement underscored our dedication to doing things correctly and complying with local regulations, offering owners and guests the security and peace of mind that comes from legal and compliant management.
Within a matter of days, thanks to our preparation and experience in the sector, we were able to obtain the license and make it visible to the public, thus showing our commitment to giving value to the short-stay rental business in Gran Canaria.
This milestone represented a step forward not only for our business, but for the entire local market, which began to recognize the importance of operating within the law.
Our goal on the island is to support those who wish to invest, whether for income or personal relocation, avoiding mistakes and, above all, ensuring compliance with local laws.
For years we have dedicated ourselves to this field with passion and commitment, working with legality, professionalism and expertise.
The results we are achieving are the result of working with experienced consultants and our constant effort in studying and gathering accurate information.
We are proud to have been the first to post a “Viviendas Vacacionales” license on tourist land, an accomplishment that testifies to our commitment to promoting a regulation-compliant business.
We are always available to assist those who want to operate in the short-term rental industry in a regular and safe manner.
The purpose of the “Vivienda Vacacional” license is to fiscally and visually identify the property as a tourist accommodation establishment, giving an image of seriousness and professionalism to both the property itself and the owner or operator of the business.
Under the most recent regulations, the main rule specifically covers properties located on tourist land (mainly in the south of the island), but only within complexes with horizontal division.
Amendments introduced to the 2015 law by the Canary Islands Court, which removed four key restrictions that prohibited the rental of properties on tourist land, now allow the tourist rental of such properties, but only upon obtaining a “Vivienda Vacacional” license.
Anyone who owns property and wishes to start a short-term rental business must necessarily comply with this legislation, otherwise they risk very high penalties.
The Autonomous Community of the Canary Islands, as provided for in its statute, holds exclusive jurisdiction over land-use and coastal planning, urban planning, housing and tourism.
Regulations on tourist accommodation have evolved over time in parallel with the growing demand for tourism, which is now the main economic sector in the Canary Islands.
Given the importance of tourism to the archipelago’s economy, significant efforts have been made to qualify and improve the sector, in synergy with European regulations on environmental protection and free movement of services, with the aim of streamlining and speeding up bureaucratic processes.
With Decree no.
113/2015 of the Government of the Canary Islands, which came into effect on May 29, 2015, the criteria and modalities were established to offer privately owned housing units (both individuals and legal entities) to tourists as an alternative to hotels or resorts.
The decree introduced the figure of the Vivienda Vacacional, specifying the requirements that accommodations must meet, as well as listing the types of properties excluded from this possibility.
In relation to the area in which the property is located, the decree refers to Law no.
2 of 2013, enacted for the renewal and modernization of the tourism sector, which establishes the qualification criteria applied by each municipality through its master plan.
Therefore, before submitting the Notice of Commencement of Tourism Activity and registering in the General Tourist Register, it is necessary to check with the relevant municipality the zoning qualification of the area in which the property is located.
Below is the regulation on the tourist activity of vacation homes issued by the Autonomous Community of the Canary Islands:
The Statute of Autonomy of the Canary Islands, approved by Organic Law 10/1982 of August 10, in paragraph 21 of Article 30, gives the Autonomous Community of the Canary Islands exclusive competence over tourism.
As part of this exclusive competence and in the exercise of legislative power, Law 7/1995 of April 6, on the Ordering of Canary Island Tourism, was approved, which in its current wording establishes that tourist accommodation services will be offered in hotel or non-hotel modes; in addition, the Canary Island Government will regulate the types of facilities included in each mode.
This legal mandate was implemented with the approval of Decree 142/2010 of October 4, approving the Regulations of Tourist Accommodation Activity.
Subsequently, the Cortes General passed Law 4/2013 of June 4, of Measures to Flexibilize and Promote the Property Rental Market, which, in its first article, paragraph 2, adds a subparagraph (e) to Article 5 of Law 29/1994 of Nov. 24, on Urban Rentals, excluding from the scope of that law “the temporary transfer of use of an entire dwelling furnished and equipped under conditions of immediate use, marketed or promoted through tourism supply channels and carried out for profit, when it is subject to a specific regime arising from its sectoral regulations.”
Due to the above, it is deemed necessary to develop regulations determining the conditions and requirements to be met by vacation homes, incorporating them into the regulation of tourist accommodation as a new type in the extra-hotel mode.
However, due to the special characteristics of this extra-hotel typology, which is carried out in houses built or renovated according to requirements already regulated by their specific regulations, and which distinguish them from other types of tourist facilities, neither the construction requirements nor those related to equipment or services applicable to other tourist accommodation facilities should be applied, but they must meet specific requirements.
The Decree consists of a single article, dedicated to the approval of the Autonomous Community of the Canary Islands Holiday Homes Regulations, the text of which is given below, an additional provision amending the Tourism Accommodation Activity Regulations approved by Decree 142/2010 of October 4, two final provisions regarding licensing and entry into force, and an annex with the contents of the Regulations.
The Regulations consist of four chapters and three annexes.
Chapter I, on general provisions, deals with the subject matter, definitions, scope, legal regime, as well as provisions devoted to prohibitions and aspects related to identification (nameplate-distinctive) and information and advertising of vacation homes.
Chapter II deals with conditions of use, safety requirements, functional requirements and minimum equipment requirements that vacation homes must have, as well as information on prices to be charged.
These requirements are intended to complement those already required by Decree 117/2006 of August 1, which regulates the conditions of habitability of properties and the procedure for obtaining a certificate of habitability.
Chapter III establishes the regime for the exploitation of vacation homes, as well as the responsible declaration procedure for the commencement of the activity, in accordance with the responsible declaration regime established with a general character by the Canary Islands Tourism Ordinance Law, in its Articles 13.2.a) and 24.1.
The corresponding document must be attached to this declaration, based on the date on which the building permit for the property was applied for or is being applied for, that is, the responsible declaration of occupancy of the buildings or structures must be attached, as established in Article 166-bis of the Consolidated Text of the Laws on the Territorial Order of the Canary Islands and Natural Spaces of the Canary Islands, or, if applicable, the certificate of habitability or first occupancy license, based on the conditions established in Decree 117/2006 of August 1, regulating the conditions of habitability of the buildings or regulations that replace it.
Similarly, a statement that there is no express prohibition in the Statutes of the Owners’ Community for carrying out the activity of a vacation home; as well as, if necessary, a statement of the impossibility of placing the nameplate-distinguishing sign outside the property, due to the express prohibition by the Owners’ Community to place nameplates in the common areas or outside the property, shall be attached.
This chapter also regulates the procedure for communicating changes and incidents in the operation of the business, as well as the procedure for notifying the Cabildos Insulares of the termination of the business.
Chapter IV is devoted to complaints, inspections and the penalty regime.
Finally, the three annexes contain: the first, the model of nameplate-display to be displayed in vacation homes; the second, the minimum data to be included in the responsible declaration of start of business; and the third, the declarations to be submitted along with the declaration of start of business.
Pursuant to this, upon the proposal of the President, in accordance with the opinion of the Canary Islands Advisory Council and after deliberation by the Government at its meeting on May 22, 2015,
D I S P O N G :
Sole Article. – Approval of Regulations.
The Holiday Homes Regulations of the Autonomous Community of the Canary Islands, which appears as an annex to this Decree, are hereby approved.
Single additional provision. – Amendment of the Regulations of the tourist accommodation business.
The Regulations of the tourist accommodation business, approved by Decree 142/2010 of October 4, are amended in the following terms:
One. Article 3 is amended to read as follows:
“Article 3.- Legal Regime.
1. All tourist accommodations subject to regulation are obligated to comply with the provisions contained in the Canary Islands Tourism Ordinance Law and other applicable regulations.
2. In addition, tourist accommodations are obligated to comply with the requirements contained in these Regulations, except for vacation homes which will be governed by their own specific regulations.”
Two. Article 5 is amended to read as follows:
“Article 5.- Types.
1. The hotel mode includes the following types of facilities:
(a) Hotels.
(b) Urban hotel.
(c) Emblematic hotel.
(d) Rural hotel.
2. The extra-hotel mode includes the following types of facilities:
(a) Apartment.
(b) Villa.
(c) Emblematic house.
(d) Rural house.
(e) Holiday home.”
Final disposition first.
– Enabling.
It is hereby delegated to the person in charge of the Department of Public Administration of the Autonomous Community of the Canary Islands with jurisdiction over tourism, the power to issue all necessary provisions for the development and execution of the approved Regulations, as well as to amend the contents of its annexes.
Final provision two. – Entry into force.
This Decree will enter into force on the day following its publication in the Official Bulletin of the Canary Islands.
Given in Santa Cruz de Tenerife, May 22, 2015.
THE PRESIDENT OF THE GOVERNMENT,
Paulino Rivero Baute.
ANNEX
REGULATION OF VACATION HOMES IN THE AUTONOMOUS COMMUNITY OF THE CANARY ISLANDS
CHAPTER I
GENERAL PROVISIONS
Article 1.- Purpose.
The purpose of these Regulations is to regulate vacation homes in the territory of the Autonomous Community of the Canary Islands.
Article 2.- Definitions.
For the purposes of these Regulations:
(a) Vacation homes: those dwellings, furnished and equipped under conditions of immediate use and meeting the requirements set forth in these Regulations, marketed or promoted through channels of off
erta tourist, temporarily and integrally transferred to third parties, habitually, for purposes of holiday accommodation and for a fee.
(b) Tourism supply channels: travel agencies, reservation exchanges, and other tourism intermediation and organization enterprises, including virtual intermediation channels; promotion, advertising, reservation or rental websites; and advertising carried out through any media.
(c) Habitual form: the disposal of the property two or more times in a year or once a year, but on repeated occasions.
(d) Temporary assignment: any occupation of the property for a period of time that does not involve a change of residence by the user.
(e) Enterprises that manage vacation homes: those persons who own or individuals or legal entities, whose professional activity, whether principal or incidental, consists in the transfer for consideration of the use and enjoyment of homes that meet the requirements set forth in these Regulations.
Article 3.- Scope of application.
1. Dwellings located in the territory of the Autonomous Community of the Canary Islands, built in accordance with the urban planning regulations and the determinations of the urban plan on land uses and constructions, and which are in possession of the prescribed licenses and authorizations are subject to these Regulations.
2. Expressly excluded from the scope of application of these Regulations are constructions located on tourist land within tourist zones or tourist urbanizations, as well as dwellings located in tourist urbanizations or mixed residential-tourist urbanizations, in accordance with the definitions established in Law 2/2013 of May 29, on the Tourist Renewal and Modernization of the Canary Islands.
Article 4.- Legal Regime.
The dwellings covered by these regulations must comply with the requirements contained in the Canary Islands Tourism Ordinance Law, these Regulations and other applicable sectoral regulations, particularly those related to safety, health, urban planning, construction techniques, habitability, accessibility and, in general, classified activities.
Article 5.- Prohibitions.
1. It shall be prohibited for owners of vacation homes or, where applicable, natural or legal persons entrusted by the owners to manage them, to accommodate a number of persons in excess of that permitted by the capacity of the property, as determined by the number of rooms and their occupancy, according to the data included in the responsible declaration of occupancy of the buildings or facilities, or, where applicable, the certificate of habitability or first occupancy license.
2. It is forbidden, in any case, for users:
(a) To allocate the vacation home for purposes other than tourism purposes for which it was contracted.
(b) Carry out any activity that conflicts with the usual rules of coexistence, hygiene and public order or that prevents the normal rest of other users of the property.
(c) Contravene the rules of coexistence of the community of owners in which the apartment is located.
Article 6.- Nameplate-distinctive.
The vacation homes will display, unless expressly prohibited by the rules of the community of owners, at the entrance, in a visible place, a plaque-distinctive according to the format and characteristics established in Annex 1 of these Regulations, where the number of registration in the General Register of Tourism of the Autonomous Community of the Canary Islands, which has been assigned to them, will be indicated.
Article 7.- Information and publicity.
1. The advertising, offering and management of vacation homes shall comply with the requirements of truthfulness, objectivity and good faith, providing the user with sufficient information on the characteristics of the homes, the conditions of use and the services included in the contracts, without prejudice to existing regulations on advertising and consumer and user protection.
2. Promotion of vacation homes should be done in a way that does not lead to confusion or error about their mode and type, making clear their extra-hotel nature and type of vacation home.
3. Owners and management companies of vacation homes are obligated to include, in all advertising and by any means, the registration number that has been assigned to them.
4. In each apartment house, in a visible place, there will be an informational sign with a telephone number for assistance, at least from 8:00 a.m. to 8:00 p.m., to solve any problems related to the house, as well as emergency and health services numbers, written at least in Spanish and English.
5. Prior to the formalization of the reservation or accommodation contract, you will be informed of the conditions of access to the apartment, entry and exit times, admission of pets, reservation regime and prices of the service offered, as well as any other requirements for the use of the apartment.
6. The prohibitions set forth in Article 5.2 of these Regulations shall be prominently displayed in an easily readable area within the vacation rental, at least in Spanish and English, and communicated to users, prior to or at the time of contracting
CHAPTER II
CONDITIONS OF USE, REQUIREMENTS AND EQUIPMENT OF VACATION HOMES
Article 8.- Conditions of use and safety requirements.
1. Vacation homes must be kept in good condition and made available to users in perfect clean and hygienic condition so that they can be used immediately.
2. Owners of houses or, where applicable, natural or legal persons entrusted by the owners to manage them, shall provide the Directorate General of Police with information regarding the stay of users, in accordance with the legal standards of registration and information required by the current regulations on public safety and other applicable provisions.
Article 9.- Functional Requirements.
1. The design and size of the house should allow for adequate furniture, facilitating, together with its facilities and equipment, the activities of rest, clothing, hygiene, nutrition, living, storage, and access to telecommunication services, if applicable.
2. The minimum dimensions, equipment elements and calculation of the useful square meters of the dwelling program, as well as its occupancy, based on the number of double or single rooms present, shall comply with the requirements of Decree 117/2006 of August 1, regulating the conditions of habitability of buildings or standard replacing it.
Article 10.- Minimum equipment requirements.
Vacation homes shall be equipped with the minimum equipment set forth in this article, in each of their rooms, proportionate to the number of occupants and appropriate to the activity carried out, as follows:
1. General equipment.
(a) Internal security lock for entrance doors.
(b) First aid kit.
2. Bedroom.
(a) Lighting for reading next to each bed.
(b) Effective blackout system for each bedroom.
(c) Hangers of non-deformable material and homogeneous style, appropriate to the number of users.
(d) Double or single beds with the following minimum dimensions:
– Single: 0.90 m x 1.90 m
– Doubles: 1.35 m x 1.90 m
(e) Minimum equipment and sufficient bedding for each user:
– Mattress cover.
– Sheets or similar.
– Blanket.
– Pillow.
– Bedspread.
For stays longer than one week, another set of bedding will be provided for each user for each week or fraction thereof.
3. Bathroom.
– Mirror.
– Hair dryer.
– Toilet paper roll holder.
– Mat.
– Support for placing toiletries, if there is no countertop or similar.
– Towel racks, hooks or hangers with sufficient capacity.
– System to prevent spillage of water from the tub or shower tray.
– Towels for each user.
– Asci
ugamano for hands for each user.
When the stay is longer than one week, another set of towels will be provided for each user for each week or fraction thereof.
4. Kitchen.
– Oven or microwave.
– Coffee machine.
– Service of plates, cutlery and glasses in numbers appropriate to the capacity of users.
– Sufficient cookware and linens for food preparation and consumption.
– Cleaning tools.
– Iron and ironing board.
Article 11.- Prices.
1. The prices of accommodation service must be displayed in vacation homes, indicating the date on which they are advertised or announced, and then applied.
2. No prices higher than those indicated can be charged, nor can costs be charged for services that are not requested or not indicated in the tourist offer channels, or that are not included in the document delivered to the user at the time of entering into the contract, in accordance with Articles 7.5 and 12.4
CHAPTER III
EXPLOITATION REGIME, PROCEDURE FOR STARTING AND OPERATING THE BUSINESS
Article 12.- Exploitation regime.
1. Vacation homes must be transferred in their entirety to a single user, who will in any case be the person responsible for the reservation made, and transfer by rooms is not allowed, with a prohibition on entering into multiple contracts at the same time for the same property, thus not allowing shared use of the same.
2. In the case of houses subject to horizontal ownership, only those houses in which such activity is not expressly prohibited by the statutes of the Community of Owners may be marketed as vacation homes.
3. The commencement of a vacation rental exploitation activity requires the submission of a responsible declaration to the competent Cabildo Insular, which will register the activity ex officio in the General Register of Tourism of the Autonomous Community of the Canary Islands.
4. Prior to the actual occupation of the apartment by the users, if the contract has not been made in writing beforehand, it is mandatory that both parties sign a document that, at a minimum, includes the essential conditions of the contract, indicating the hours, the maximum number of people who may occupy the property, and the prices to be paid for the accommodation service, including IGIC. This document must be drafted at least in Spanish and English.
Article 13.- Responsible declaration of commencement of business.
1. Prior to the commencement of the activity of exploitation of a vacation home, the owners or, if applicable, the natural or legal persons to whom the owners have entrusted the management, shall complete a responsible declaration, addressed to the competent Cabildo Insular, stating that they comply with the requirements and provisions set forth in these Regulations, that they have the documentation to prove it, and that they undertake to maintain such compliance throughout the time the activity is carried out.
2. The responsible declaration of commencement of business shall contain, as a minimum, the information included in Annex 2 and shall be accompanied by the responsible declarations contained in Annex 3.
3. Once the responsible declaration of commencement of activity has been submitted, the Cabildo Insular will ex officio, within a maximum period of fifteen working days, register the information regarding the vacation rental exploitation activity in the General Register of Tourism of the Autonomous Community of the Canary Islands, in accordance with the regulations in force, and will deliver to the owner or, if applicable, the manager of the property, who submitted the declaration, the complaint forms, the information sign related to these forms and the inspection book.
Article 14.- Changes and incidents in the operation of the business.
Any alteration or modification of the data included in the responsible declaration of commencement of activity must be communicated to the competent Cabildo Insular within a period of not more than thirty days after the change is made, in order to proceed with its annotation in the Registry.
Article 15.- Termination of activity.
1. The owners of the vacation homes, or, if applicable, the natural or legal persons to whom the owners have entrusted the management, shall notify the competent Cabildo Insular within a maximum period of thirty days after the termination of the activity, handing over the complaint forms and the inspection book.
2. Notification of cessation of activity may be made by any means permitted by law that allows traceability and will be entered in the General Register of Tourism.
CHAPTER IV
COMPLAINTS, INSPECTIONS AND PENALTY REGIME
Article 16.- Complaints.
1. Complaint forms will be available to users at all times, conforming to the official model regulated by tourism regulations, without prejudice to those required in other matters.
2. In case of complaints about prices, a copy of the confirmation or attestation of the reservation will be delivered to the user along with the complaint forms. This copy will be signed by the owners of the property or the natural or legal persons to whom the owners have entrusted the management, and must contain, in addition to the signature, the date of delivery.
Article 17.- Inspections and Penalty Regime.
1. Failure to comply with any of the requirements and provisions set forth in these Regulations shall be reported to the Tourism Inspectorate for the application, if appropriate, of the penalty regime provided in Title VI of Law 7/1995 of April 6, on the Canary Islands Tourism Regulations, without prejudice to what is established in Article 71 bis 4 of Law 30/1992 of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure.
2. Will be responsible for administrative violations of the applicable tourism regulations, the owners of the homes or, where applicable, the natural or legal persons to whom the owners have entrusted the management of the vacation homes.
3. Under no circumstances may the property owner claim that the vacation home has the status of a principal residence to avoid the actions of the Tourist Inspection Service.