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Seasonal Rental or Holiday Rental: What Law 7/2026 Requires
Rentals of 31 days or less are presumed tourist rentals in the Canary Islands. What a seasonal lease must state, which infringements Law 7/2026 creates and how much they can cost.
Many owners believe that renting on a seasonal basis keeps them outside the holiday rental (vivienda vacacional) law. Since Law 7/2026 of 31 July, it is no longer that simple: in the Canary Islands, short-term rentals are presumed to be tourist rentals unless the owner proves otherwise. Here is what changes, what your lease must state and what sanctions you risk.
The presumption: when a rental counts as tourist
The reform of Law 6/2025 adds two new articles (11 and 12) with a presumption of tourist activity. It can be rebutted, but the burden of proof lies with the landlord.
Marketing short stays in homes is presumed tourist when either of these circumstances applies:
- The home is advertised on a tourist offer channel: travel agencies, booking centres, internet platforms and media that publish listings of tourist homes (Airbnb, Booking and the like).
- The stay is continuous and 31 days or less, once or several times a year.
Renting ready-to-use homes for 31 days or less is also presumed tourist if it is not shown that the rental complies with the Urban Leases Act (LAU) or another law and that its purpose is not tourism.
What you must do as a landlord
If you rent for 31 days or less, the law imposes two obligations:
- Ask the tenant beforehand for the reason for the temporary accommodation and how that reason relates to the length of stay.
- State that reason in the contract.
If you do not ask, the law understands there is no reason. And if it is not in the contract, the contract is deemed tourist. Housing, planning and tourism authorities can check that the reasons are genuine.
Sanctions: what is at stake
Law 7/2026 added specific infringements to Canary Islands Tourism Law 7/1995.
| Conduct | Severity |
|---|---|
| Marketing tourist stays in residential homes without meeting the legal requirements | Minor |
| Signing a contract of 31 days or less without stating the reason for the temporary accommodation | Serious |
| Signing a contract of 31 days or less without having asked the tenant for the reason or checked it | Very serious |
The fines for tourism infringements, under Law 7/1995, are:
- Minor: a warning or up to €1,500.
- Serious: €1,501 to €30,000.
- Very serious: €30,001 to €300,000, with possible suspension or closure.
That is why a seemingly formal detail deserves attention: not asking for the reason is the most serious of the three infringements.
And if I want to rent to tourists: the legal route
If you intend to rent short stays to tourists, the route is the declaración responsable for a holiday rental home and its technical report (memoria técnica). In practice:
- New home: only possible where municipal planning expressly allows tourist use.
- Home that was already operating: it depends on the declaración responsable it held under Decree 113/2015 and on the law's deadlines (the nearest, 31 July 2027, is explained in the guide to the prior notification).
Renting as "seasonal" what is really tourist use does not protect you: the presumption works against you.
What about the national decree-law?
The Spanish Government approved Royal Decree-Law 29/2026, in force since 8 October 2026, which also regulates seasonal rentals: a real, documented reason, more than 31 days and, in general, a maximum of 12 months.
But it is pending validation by Congress, and its predecessor, Royal Decree-Law 26/2026, was not validated. According to EFE, it lapses if not validated before 13 November 2026. So it should not be taken as final. We will update this article when it is settled.
Checklist for your seasonal lease
- Ask the tenant for the reason for the stay before signing, and put it in writing.
- State the reason in the contract, linking it to the length of stay.
- Keep the paperwork that supports the reason.
- Do not advertise the home on tourist channels if the rental is seasonal.
This list is indicative. For your specific contract, consult a lawyer.
Frequently asked questions
Is a 40-day rental a tourist rental? The presumption by duration applies to stays of 31 days or less. But if you advertise it on a tourist platform, the presumption applies anyway because of the channel.
What if the tenant is a posted worker? It may be a valid reason, but it must be stated in the contract and be provable.
At FuerteProyecto we help you regularise
If your home in Fuerteventura operates, or wants to operate, as a holiday rental home, we prepare the technical report and the documentation the law requires.
Fixed quote, no surprises. Project signed by a competent professional. Delivered within 15 days at most of receiving your documents.
- Phone: +34 620 395 305
- Email: info@fuerteproyecto.com
