Holiday rentals in the Canary Islands: the vivienda vacacional licence

What a vivienda vacacional is

A vivienda vacacional is a category of Canarian tourism law, not simply a rental. The 2015 regulation defines it as a furnished, fully-equipped property ready for immediate use, marketed through tourism sales channels, handed over temporarily and in its entirety to third parties, on a habitual basis and for payment. Every part of that definition matters.

• In its entirety: the whole property is handed over, not a single room (the express ban on renting out individual rooms has been struck down by the courts).
• On a habitual basis: two or more lettings in a year, or one a year but repeated. Lending it to a friend for a weekend doesn't count; two bookings published online do.
• Through tourism sales channels: agencies, booking platforms, listing sites, advertising through any medium. The listing itself is the first thing an inspection finds.

One point I've had to repeat often: the 2015 regulation excluded properties inside tourist zones and developments, but that clause has been struck down by the courts, first by the Canarian regional court and then by Spain's Supreme Court. Anyone who still quotes it is citing a text that's no longer in force: the real answer is in the town's own urban plan.

Who issues the authorisation: the island's Cabildo

It isn't the town hall and it isn't the regional government: the door you go through is the Cabildo Insular. And it isn't a licence you apply for and wait on, but a declaración responsable: the applicant declares that they meet the requirements and hold the documents proving it, and commits to keeping them in place for as long as the activity continues.

1. The declaration goes to the Cabildo The 2025 law confirms the 2015 route: the declaración responsable is filed with the island's Cabildo, which registers the activity, of its own motion, in the Registro General Turístico, the regional tourism register.
2. The documents that matter At least three are needed: a statement of the activity signed by a qualified professional, with floor plans, elevations and photographs; if the property is in a shared building, a certificate from the owners' association (junta de propietarios); and the cédula urbanística confirming that the plan allows tourist use for that specific property.
3. You can start the same day Once the declaration is filed with every attachment, the activity can start that same day. But registration doesn't validate anything: the Cabildo and the regional government keep their powers to check, inspect and sanction.
4. The registration number goes in every advert Registration produces a registration number, and the law requires it to appear in any advertisement offering the property as tourist accommodation. It's the first thing I check when a client sends me the link to a property that's «already let to tourists».

What the 2025 Canarian law provides

The law on the sustainable regulation of tourist use of housing is dated 10 December 2025, published in the Boletín Oficial de Canarias number 246 of 12 December 2025 and in force the day after. It shifts the centre of gravity from tourism law to town planning.

• A property's residential classification, on its own, doesn't authorise any tourist use: that use is only permissible where the urban plan expressly allows it, with its own detailed regulation. Until the town has taken that step, the answer is no.
• As a general rule, at least 90% of the residential floor area in any given zone must stay purely residential; in La Palma, La Gomera and El Hierro that minimum reserve drops to 80%.
• A property needs at least ten years' age before it can be licensed, five in El Hierro, La Gomera and La Palma and in the demographic-challenge towns; this is proved with the building permit, the declaration of new construction or the cadastral certificate.
• Where the town hasn't yet decided, fallback rules apply: the maximum accommodation capacity is 10% of the inhabitants of each population centre according to the padrón, rising to 20% on the three green islands and in the demographic-challenge towns; in agricultural settlements, tourist use can't be licensed at all.

And what about existing licences? Anyone properly licensed under the 2015 regulation has five years to carry on as before, after which the effects of the old declaration lapse, unless they've since been licensed under the new regime; anyone who can show five years isn't enough can ask the Cabildo for a single extension, up to ten years in total from the law coming into force.

What I check in the building before buying

This is where more purchases fall through than anywhere else. The property can be perfect and the area too: if the community of owners has voted no, the holiday letting doesn't happen, and no declaration to the Cabildo makes it possible.

1. The title deed and the community statutes The Canarian law is explicit: the activity can't be authorised or carried out if the constitutive title deed, the community statutes (estatutos) or a resolution of the owners' meeting forbid it. I ask for a copy and read it before we even talk about price.
2. The minutes of recent meetings A resolution against it counts as much as a statute. Under Spanish law on horizontal property, a resolution approving, limiting, conditioning or banning holiday letting needs three-fifths of the owners, representing three-fifths of the ownership shares: a qualified majority, but an achievable one. The minutes show whether anyone has already tried.
3. Higher service charges With that same majority the community can set special charges or increase the share of common costs paid by whoever lets to tourists, provided the increase doesn't exceed 20%.
4. The cédula urbanística This is the council document stating whether the plan allows tourist use for that specific property, and it's one of the compulsory attachments. If in doubt, I ask for it myself before anyone signs the arras, the deposit contract that locks the purchase in: it avoids buying into a project that never gets off the ground.

One detail that's reassuring: the law on horizontal property states these resolutions have no retroactive effect. A community that votes no today doesn't cancel an activity already licensed; but if you're buying now, that vote is about you.

What happens if you let without a licence

The 2015 regulation refers matters to the tourism inspectorate and the sanctions regime of the Canarian tourism law, which the 2025 law has toughened for the two most common breaches: advertising a property without stating the registration number, and offering accommodation somewhere not authorised as a tourist establishment. Today both are classed as very serious offences.

• The scale of fines is set by law: up to €1,500 for minor offences, between €1,501 and €30,000 for serious ones, between €30,001 and €300,000 for very serious ones.
• Very serious offences can also carry a suspension of the activity: from one day to six months for a repeat serious offence, from six months to a year for a repeat very serious one.

My advice to anyone buying to let is to reverse the order of the questions: the urban plan and the community of owners first, the price second.

This is general guidance, written from the official sources listed at the foot of the page: it isn't legal or tax advice. The rules depend on the town, the island and the individual property, and are in full transition: for your own case, consult a qualified lawyer or professional and confirm with the relevant Cabildo and town hall.