Fines Imposed on Vacation Home Owners in the Canary Islands

British and Irish individuals who own second homes in the Canary Islands are facing fines of £2,000 for their reluctance to lease out their vacation properties to tourists.

In the southern region of Gran Canaria, owners of apartments are being penalized with £2,000 fines for residing in their properties instead of renting them out as intended for tourists.

These property owners are not only obligated to rent out their apartments to vacationers but must also do so through an officially registered tourist operator rather than handling the rentals themselves.

The enforcement of these penalties has sparked protests on the island, highlighting the repercussions of legislation targeting individuals who opt to utilize their properties in tourist areas as their primary residence or holiday retreat.

In reports from April last year, a Spanish senior citizen was identified as the initial recipient of a fine under a contentious tourist law enforced by the Canary Islands Regional Government.

Recently, an Irishman named John Hefferman expressed his frustration upon discovering a £1,930 (€2,250) fine at his holiday home in Gran Canaria, a property he acquired 13 years ago.

The specific property in question is situated within an apartment complex known as Apartamentos Las Algas in the southern part of the island.

Mr. Hefferman is among 400 homeowners reportedly penalized in the past few months.

Affected individuals argue that the government is succumbing to pressure from tourist operators, who claim that the residential utilization of apartments within tourist complexes has resulted in the loss of 68,000 accommodation units for tourists across the islands.

While some fined parties have lodged appeals, Mr. Hefferman lamented his lack of opportunity to contest the fine since he was only notified about it three months post-issuance, rendering it too late to challenge.

He conveyed to the reputable local newspaper Canarias 7, “We have settled the fine, but we find the situation somewhat unjust. We believe that fines are suspended for appellants, but we were unable to appeal as we received the notice belatedly.”

Expressing concerns about the future implications, he added, “We purchased this apartment to spend our winters here, with visits from our family. If we are unable to do so, selling the property may become necessary. Certainly, the value of this apartment may diminish if this regulation is strictly enforced. We are deeply apprehensive about what lies ahead. It feels unfair. I fail to comprehend why this is unfolding after 13 years of enjoying this locale.”

Additionally, he questioned the non-delivery of the fine to his registered address in Ireland, which he had designated during the acquisition of his NIE, a unique identification number issued to foreigners in Spain.

Mr. Hefferman, who claims he was unaware of the legislation now impacting him at the time of property purchase, asserts that other owners within his building are utilizing their flats similarly.

He is believed to be the first non-Spanish individual to vocalize objections regarding these fines.

Last September, hundreds of individuals staged a demonstration in the Gran Canaria resort of Playa del Ingles to protest the Canary Islands Government’s enforcement of fines in connection with a legal dispute linked to the 2013 Tourism Law.

Maribe Doreste, the vice-president of a group named “Plataforma de Afectados por la Ley Turistica” (Platform for People Affected by the Tourism Law), has condemned the ongoing developments as a violation of Spain’s Supreme Court jurisprudence concerning property rights and freedom of residence.

She has further accused businesses engaged in tourist accommodations of exerting influence on policymakers to retain the existing law, thereby exacerbating the situation.