The present develops and summarize some aspects of the Vacation Rentals within the Canary Islands, without going into details, because the extent of the issue.
CANARY TOURISM LAW
Law 7/1995 of 6 April, on Tourism of the Canary Islands regulates jurisdiction assumed by Article 30.21 of the Statute of Autonomy of the Canary Islands in Tourism matters. The Canary Islands regulates the field of tourism in two issues:
1) Law 7/95 of Regulation of Tourism in Canary Islands.
2) Decree 113/2015 of 22 May of Vacational Houses (in vigour since 29 May 2015).
According to this Decree, the situation of Vacational Homes is completely legal, although there are many restrictions.
If a house is ceded to be destined to the rest of the tenant during his vacation is a tourist activity and, therefore, is cession subject to the obligation to present "Responsible Declaration" (Declaración Responsable) as stipulated in the Tourism Law .
Decree 113/2015 defines the vacation homes as "homes, which furnished and equipped ready for immediate use and meeting the requirements of this Regulation are marketed or promoted through tourist channels, to be fully, temporarily and usually ceded to third parties, for the purpose of holiday accommodation and for a fee". This means that homes marketed through tourism channels that are rented without making the "Responsible Declaration" will be subject to sanctions.
What happens to those ones promoted through other channels other than tourism?. We must, therefore, in this case, define what "tourism channels" means. The Act does not define this concept and , consequently, it is unclear whether you rent your home the other channels would not be required to submit such "Responsible Declaration" . Logically, this is subject to interpretation, so that in any case it would be advisable to make the "Declaration" to avoid possible sanctions. Bear in mind that in most cases, these tourism channels are used.
Regarding houses excluded, there are two types:
1) Houses located in tourist areas or in tourist resorts situated in tourist soil (from the urban point of view) or mixed (residential-tourist). There will be no excluded if not marketed through tourism channels.
2) The houses in which the Statutes of Community of Owners do not allow such activity.
The "Responsible Declaration" is a form to be filed with the Island Cabildo who will record the activity in the Tourism General Registry of Canary Islands. In this statement the applicant informs that meets the legal requirements, especially Article 10 of the Decree (minimum equipment); that has the appropriate accreditation and is committed to maintaining compliance with these requirements. The council has 15 days to register the activity on the Registry and supply the interested complaint forms, identification plates and inspection book.
Other issues to be taken into account in houses that presented the “Responsible Declaration”:
1) Every time the house is ceded it may be made to a single person (only one person signing the contract).
2) It must be a temporary contract.
3) Rooms cannot be ceded.
4) The distinctive plate at the entrance is needed.
5) At the time of promoting houses it should be clear that is a non-hotel accommodation type (vacation) assessing the registration number.
The sanctions are regulated in Law 7/95 and are considered mild (up to 1,500 euros); serious (from 1500-30000 euros) and very serious (from 30,001 to 300,000 euros).