The debate over holiday rental properties on Gran Canaria reached a turning point this week with the High Court of Justice of the Canary Islands (TSJC) issuing a new judgment: tourist apartments—especially those within designated complexes—cannot be marketed or claimed as “holiday homes.” This ruling directly affects owners in Puerto Rico de Gran Canaria (Mogán) and resorts throughout the neighbouring municipality of San Bartolomé de Tirajana, including famed destinations like Playa del Inglés, Maspalomas & San Agustín.


 

 
 
 

 

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In Puerto Rico, the court dismissed an appeal by a property owner sanctioned for using and marketing a unit as a holiday home inside a tourist-designated complex. The verdict confirms that where municipal plans designate a complex for tourist use only, all other uses—including residential—are prohibited, regardless of individual ownership. This mirrors recent cases in SBT, where owners of bungalows and apartments have faced fines up to €2,250 for operating short-term rentals without the required unified management or after declaring a cessation of tourist activity.​

The principle, upheld repeatedly by the courts, is one of “unified operation”—only a licensed operator can run the entire complex for tourism, and no individual owner can market their unit independently. Owners who let to family and friends or reside in these units have also faced penalties for serious administrative breaches, as the law now demands strict separation between residential and tourist activities.

For thousands of small owners in southern Gran Canaria, these rulings are more than just legal technicalities—they redraft the rules on who can participate in the lucrative short-term rental market. The sector association ASCAV has denounced the new regulations as “steamrolling Canary Island families,” urging that amendments are already being rushed through parliament, with proposed changes such as extended deadlines for compliance and new rights to inherit tourist licenses.

There’s a growing sense of alarm among local property owners, not just in Mogán and SBT, but broadly across the island. The risk of losing operating rights and penalties for non-compliance have created confusion—and, in turn, a scramble for guidance.

**VV (Holiday Rental) Licenses: Registered vs. Legal Cap by Zone, Gran Canaria (2025):**
– **Mogán:** ~5,400 registered VV licenses | Legal cap: ~5,000 licenses
– **San Bartolomé de Tirajana (SBT):** ~8,165 registered | Cap: ~7,700
– **Las Palmas de Gran Canaria:** ~1,910 registered | Cap: ~5,000
– **Rest of Gran Canaria:** ~2,000 registered | Cap: ~6,000

 

Mogán Mayor: “Ignore the Minister’s Advice—Protect Your Investment”

Ms. Onalia Bueno, La Alcaldesa, the outspoken mayor of Mogán, has been front and centre in opposing both the latest law and the regional Tourism Ministry’s advice. In widely reported statements over the past week, Bueno advised property owners to “ignore” the ministry’s instructions to deregister and re-register their homes—warning that such steps could irreversibly compromise their right to operate. Bueno argues the official information is confusing, risky, and that owners should hold off until the law is clarified and a transparent, workable regulatory process is put in place.​

She insists the law, passed without adequate input from local councils or small owners, has “opened the door” to uncertainty and potential mass loss of licenses, threatening the “democratization” of Gran Canaria’s tourism economy. Bueno, along with the Federation of Canary Islands Municipalities (FECAM), has proposed three avenues for resolving the crisis, including suspension of the deadlines for license consolidation and the creation of clear, practical requirements for classified activities.

Pointedly, Bueno has promised to hold the drafters of the law accountable, going “door to door” to inform every affected owner who is responsible for the changes. She argues the law, as currently drafted, could lead to ownership and profit concentrating among bigger actors and traditional operators—undermining years of effort to open the market to local families.

It is important for property owners to get independent professional advice on such matters, to stay legal.

Gran Canaria Tourist Zones

Tourist neighbourhoods like Puerto Rico and Playa del Inglés may see significant shakeups. Many properties will face tighter enforcement, fresh legal challenges, and a narrowing path for independent owners. While officials claim this will bring “higher standards” and better consumer protection, the rapid shifts have triggered widespread unease and calls for further reform.

The TSJC ruling, meanwhile, is likely not the last word. Appeals, protests, and proposed amendments continue to make headlines, as local officials and property associations push for a fair resolution that can balance tourism, private investment, and the rights of residents.

As Gran Canaria moves forward, all eyes are on how local leadership and regional authorities will manage the transition—whether through dialogue and reform, or continued conflict and legal battles. The fate of VV owners—and, by extension, the shape of the island’s tourism sector—hangs in the balance.


Sources:

Court cases and legal rulings as reported in Canarias7; Statements from ASCAV; Recent public comments and advisories from Onalia Bueno through major Canarian media and municipal communication channels.​

  1. https://tiempodecanarias.com/noticia/turismo/onalia-bueno-invita-a-los-duenos-de-vv-a-ignorar-las-recomendaciones-de-turismo
  2. https://www.canarias7.es/canarias/gran-canaria/bueno-nueva-ley-supondra-fin-viviendas-vacacionales-20251117114044-nt.html
  3. https://www.facebook.com/RadioTelevisionCanaria/videos/la-alcaldesa-de-mog%C3%A1n-onalia-bueno-ped%C3%ADa-as%C3%AD-a-los-propietarios-de-viviendas-vac/829337666613083/
  4. https://www.youtube.com/watch?v=P1dBxHROPv0
  5. https://www.facebook.com/100064835796721/videos/qu%C3%A9-intereses-defiende-onalia-bueno-lo-generales-de-todos-los-vecinos-de-mog%C3%A1n-o/748082871631714/
  6. https://www.instagram.com/reel/DRPYkJmCOxw/
  7. https://www.facebook.com/radiotelevisionmogan/videos/%EF%B8%8F%F0%9D%90%8E%F0%9D%90%A7%F0%9D%90%9A%F0%9D%90%A5%F0%9D%90%A2%F0%9D%90%9A-%F0%9D%90%81%F0%9D%90%AE%F0%9D%90%9E%F0%9D%90%A7%F0%9D%90%A8-%F0%9D%90%AC%F0%9D%90%9E-%F0%9D%90%A9%F0%9D%90%AB%F0%9D%90%A8%F0%9D%90%A7%F0%9D%90%AE%F0%9D%90%A7%F0%9D%90%9C%F0%9D%90%A2%F0%9D%90%9A-%F0%9D%90%AC%F0%9D%90%A8%F0%9D%90%9B%F0%9D%90%AB%F0%9D%90%9E-%F0%9D%90%A5%F0%9D%90%9A-%F0%9D%90%9D%F0%9D%90%9E%F0%9D%90%9C%F0%9D%90%A2%F0%9D%90%AC%F0%9D%90%A2%F0%9D%90%A8%CC%81%F0%9D%90%A7-%F0%9D%90%9D%F0%9D%90%9E%F0%9D%90%A5-%F0%9D%90%93%F0%9D%90%92%F0%9D%90%89%F0%9D%90%82-%F0%9D%90%9A%F0%9D%90%A7%F0%9D%90%AD%F0%9D%90%9E-%F0%9D%90%A5%F0%9D%90%9A-%F0%9D%90%AD%F0%9D%90%9A%F0%9D%90%AC%F0%9D%90%9A-%F0%9D%90%AD%F0%9D%90%AE%F0%9D%90%AB%F0%9D%90%A2%CC%81%F0%9D%90%AC%F0%9D%90%AD%F0%9D%90%A2%F0%9D%90%9C%F0%9D%90%9Ade/531303440006368/
  8. https://www.canarianweekly.com/posts/Supreme-Court-to-decide-if-apartment-owners-can-rent-independently-of-tourist-operators-and-receptions
  9. https://www.instagram.com/reel/DRKXWePCVB_/
  10. https://www.youtube.com/watch?v=5cA13PwmULA
  11. https://vila.es/en/real-estate/the-supreme-court-backs-the-ban-on-tourist-rentals-by-homeowners-associations/
  12. https://www.youtube.com/watch?v=89C9pZgzDts
  13. https://x.com/ElEspejoCanario/status/1857028182894862692
  14. https://www.express.co.uk/news/world/2113692/canary-islands-new-rental-law-protests
  15. https://thecanarynews.com/2019/04/a-tourist-complex-prohibits-a-new-proprietor-from-accessing-her-apartment-for-residential-use-citing-tourism-rental-law/
  16. https://www.instagram.com/reel/DRKQTm_DBDC/
  17. https://www.lavozdelanzarote.com/en/news/politics/podemos-threatens-to-take-the-canary-islands-government-to-court-if-it-does-not-declare-tense-zones_239113_102.html
  18. https://tenerifeweekly.com/2025/11/18/canarias-warns-that-new-housing-law-will-trigger-chaos-in-local-authorities-and-lead-to-housing-collapse/
  19. https://www.facebook.com/groups/tenerifepages/posts/fake-long-term-rental-scams-in-tenerife-a-woman-is-due-to-stand-trial-on-5th-no/3086646938175178/
  20. https://www.idealista.com/en/news/property-for-rent-in-spain/2025/07/22/851055-booking-complies-with-consumer-protection-and-removes-4-000-vacation-rental