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The 'Rich Persons' Clause' in the Canary Islands Holiday Rental Law
Law 6/2025 allows a holiday rental home's licence to be extended up to 20 years in exchange for putting another home up for long-term rent. A route within reach of those with capital. Here is how it works and what alternatives a small owner has.
Article reviewed on 17 October 2026 against the current text of Law 6/2025 and its reform by Law 7/2026.
The law that promised order... and created a route for those with capital
Law 6/2025 on the Sustainable Regulation of the Tourist Use of Homes has been in force since 13 December 2025. It promised to bring order to the holiday rental sector, but its transitional regime includes a much-debated provision: the 20-year clause.
It allows the authorisation of a holiday rental home to be extended up to 20 years in exchange for putting another home on the residential rental market. Not every owner has a second empty home to offer, so the route favours those with assets or the capital to buy one.
Before getting alarmed, it is worth knowing all the options. If you are a small owner in Fuerteventura or Lanzarote, you may have a better path that does not require buying anything.
How the 20-year clause works (third transitional provision)
- Who: owners or operators of holiday rental homes authorised under Decree 113/2015.
- Deadline to apply: until 13 December 2030, at the Cabildo.
- What you get: the declaración responsable remains valid up to 20 years from the law's entry into force, that is, until December 2045.
- In exchange for: putting up for long-term rent a home that has been empty, or used for something else, in the previous 5 years. It must meet these conditions:
- be of the same quality and floor area as the holiday rental home;
- be in the same population centre;
- if it is in another centre in the same municipality, two homes must be offered for each one.
- Another route for those who had a declaración responsable before 1 January 2024: offering a newly built home whose first occupancy is authorised within those 5 years.
- Conditions:
- If the rent exceeds 30 % of the average household income in the municipality, the Cabildo may refuse.
- Contracts must be justified every 5 years.
- If the rented home stops being offered for more than 6 months in a year, the tourist authorisation is lost.
- Documentation: a technical report on the home offered is needed, with plans, floor areas and a comparison of qualities.
Someone with several homes, or capital to buy or build, can use this route. Someone who only has the home they rent out to top up their income or pension, cannot.
But the small owner is not condemned to 5 years
Here is the nuance many analyses overlook. If you are both the owner of the home and the holder of the declaración responsable, the law offers you an option with no expiry date: consolidated tourist use (first transitional provision).
| Consolidated use | 5-year regime | 20-year clause | |
|---|---|---|---|
| Who | Owner who is also the DR holder | Anyone who does not opt, or cannot opt, for consolidated use | Owners or operators |
| Duration | Indefinite as long as conditions are kept | Until Dec. 2030 (extendable once, maximum 10 years) | Until Dec. 2045 |
| What it requires | More than 1 year of uninterrupted operation before 13/12/2025, classified-activity documentation and passing the Cabildo's check | Nothing additional during the period | Another home for long-term rent |
| Where to apply | Town hall | Extension: Cabildo | Cabildo |
| Deadline to apply | Until 13/12/2030 | Extension: until 13/12/2029 | Until 13/12/2030 |
So who is really left in the 5-year "hourglass"? Mainly:
- those who operate a home that is not theirs, such as a management company or a tenant;
- those who do not pass the technical check for consolidated use;
- those who do not regularise the classified activity in time.
The gap exists, but the cut-off line is not just "having money or not". It also depends on having the technical documentation in order.
How to protect your holiday rental home in Fuerteventura
The local owner's best defence is anticipation. You do not need to buy another home, but you do need to meet the technical and planning requirements:
- Prior notification of classified activity before 31 July 2027. If you did not file it at the time, Law 7/2026 requires you to do so before that date or stop the activity. You need a municipal certificate and a technical report.
- Declaration of consolidated use at the town hall, before 13 December 2030.
- Pass the Cabildo's check: safety, health, habitability, accessibility and equipment under Decree 113/2015.
What must the technical report include?
It is signed by a competent professional (architect or technical architect) and must include, at a minimum:
- Graphic description of the home: plans of the current state (floor plans, elevation and sections) and photographs of the façade and interior.
- Justification of the classified-activities rules: safety, installations and conditions of the property.
- Reference to the planning situation, shown by the municipal certificate or by proof that the home is out of planning order or has consolidated tourist use.
It is advisable to accompany it with the energy efficiency certificate, which the law requires of every tourist home (minimum class F for buildings up to 2007 and D for later ones).
Time is running: act before it is too late
31 July 2027 seems far off, but processing in the Canary Islands takes time. You have to request the municipal certificate, write the report and file the notification at the town hall, and that can take weeks or months.
In addition, Canary Islands Police inspections are already happening. As we have reported on this blog, officers visit homes in Corralejo and other parts of La Oliva and demand documentation within 10 calendar days.
Do not wait for the problem to knock on your door.
At FuerteProyecto we legalise your holiday rental home
At FuerteProyecto we specialise in the technical documentation of holiday rental homes in Fuerteventura and Lanzarote. We know the new law, the municipal requirements and what inspectors ask for.
We write your activity technical report, coordinate the necessary certificates and accompany you at every step.
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
