Update 23 September: As expected, and now confirmed, the Canarian Parliament has approved the motion for the regional Government to paralyse the application of its Vivienda Vacacional decree, and to redraft it. It will now work on a new text that seeks to incorporate both criticisms from the CNMC as well as resistance to looser legislation from Ashotel. In the meantime, VV registrations continue under the terms of the decree as current, though with no inspections nor fines for any violations.
The resolution the Government will have to find in its redraft must satisfythe hoteliers, lobbying groups like Ascav, owners who want to let their residential properties to holidaymakers, and residents who oppose this fiercely. I remember a philosophy colleague once talking about squaring the circle. I’m not sure I ever understood the concept … until now.
Update 22 September: The debate in Parliament is to start today, and expected to last at least throughout tomorrow. Already the hoteliers are putting on pressure saying that any softening of the decree will undermine not only the decree but also the main legislation because it would essentially allow for a free-for-all, as well as endangering employment in the only legitimate tourism sector that creates jobs in the hundreds of thousands. It will be interesting to see how the Canarian Government manages to accomodate everyone in a situation where trying to please all sides has resulted in quite the opposite!
Original post 18 September: The Comisión Nacional de los Mercados y la Competencia (CNMC), which we would know as the Monopolies Commission, has called for the Canarian Government to modify its Vivienda Vacacional decree (see HERE). In a press release issued this morning, the CNMC said that some clauses of the decree must either be removed or altered because in their current form they restrict competition and create barriers to the market, thereby unjustly privileging tourism businesses and disadvantaging users.
The CNMC says that it notified the Canarian Government in July that these would have to be changed, and hoped that its suggestions would be taken on board, thereby avoiding appeals against the decree in the Courts. It reminded the Government that it is a legitimate body which has the power to intervene in any such respects where competition is compromised.
The Commission is calling for two main changes, namely to allow private owners of residential properties in touristic areas to be able to register under the VV system because excluding them privileges hoteliers and other formal tourism businesses; and to allow private owners of residential properties registered under the VV system to be able to rent out a room to holidaymakers rather than requiring the whole property to be rented out. The other changes being demanded are to reduce the bureaucracy involved in declarations and compliance, both of which increase the cost to owners to enter the tourism market.
It remains now to see how the Canarian Government responds to this. They have to accept these recommendations or else face legal challenge from the CNMC in the Canarian High Court.