The Canary Islands Government has formally lodged a legal challenge against Spain’s central government over a new decree mandating the registration of short-term holiday lets, arguing that the regulation oversteps the constitutional boundaries of national authority by infringing upon powers that constitutionally belong to Spain’s autonomous communities, i.e., individual regions.
The legal appeal, approved during the Canary Islands’ Council of Government meeting yesterday, Monday, targets Royal Decree 1312/2024, which was enacted on 23rd December and came into force on 1st January 2025. Although the measure is not scheduled for implementation until 1st July, it has already sparked strong opposition within the archipelago.
The decree establishes a Unified Register for tourist properties and a Digital One-Stop Shop designed to centralise and manage information on short-term holiday rentals. The objective is to create a single nationwide database and streamline data exchange between public administrations.
However, the Canary Islands government contends that tourism regulation is an exclusive competence of the autonomous communities and criticises the national government for implementing the system without prior consultation. Regional government spokesperson Alfonso Cabello stated that this concern is shared by the State Council, which also flagged the lack of input from regional authorities and key stakeholders.
Cabello said that the regional Ministry of Tourism and Employment, led by Jéssica de León, had already issued a formal notice to the national government on 17th February expressing its disagreement. After receiving no response, the Canary Islands administration has proceeded with a contentious administrative appeal.
The regional government has expressed disappointment that a policy with such significant implications has been imposed unilaterally. Nonetheless, it affirmed its willingness to continue dialogue with the national Ministries of Housing and Tourism to work collaboratively and avoid potential negative consequences for both residents and the tourism industry.
What Is at Stake?
At the heart of the dispute is the question of who holds the legal authority to regulate holiday rentals in Spain, which includes the Canary Islands. While the central government aims to introduce a unified system for monitoring and managing this increasingly prominent sector, the Canary Islands argue that responsibility for regulating tourist accommodation lies firmly within the jurisdiction of the autonomous communities.
Ultimately, it will be up to the courts to determine the legality of the decree, once the legal process initiated by the regional government has been completed.
