VV Licence New Law in Tenerife: Update (December 2025) - 

In December 2025, a fundamental shift occurred in how holiday rentals are regulated in Tenerife and across the Canary Islands. Law 6/2025 of 10 December on the Sustainable Regulation of the Tourist Use of Dwellings, published on 12 December 2025 and effective from 13 December 2025, replaces the previous framework that relied primarily on tourism regulations such as Decree 113/2015 (viviendas vacacionales).

Under the new legal regime, the tourist use of residential property is no longer treated as a standard or presumed right. Instead, it is formally classified as an exceptional use of short-term rental properties, permitted only where urban planning rules explicitly allow it.

Urban Planning Takes Precedence

The cornerstone of the new law is the decisive role of urban planning. Registration with the tourism authorities alone no longer grants the right to operate a holiday rental. If the applicable zoning plan, municipal ordinance, or planning instrument does not expressly authorise tourist use, short-term letting is prohibited. Silence or ambiguity in planning regulations is interpreted as a refusal, not permission.

This marks a clear departure from the previous model, where compliance with tourism rules was often sufficient.

Residential Housing Protection: The 80% / 90% Rule

The law prioritises permanent residential use as the primary function of housing stock:

•  - At least 80% of dwellings must remain for residential use across the Canary Islands.

•  - On islands with a strong tourism profile, such as Tenerife, this threshold increases to 90%.

Departures from these limits are only possible when explicitly justified through formal urban planning instruments and supported by carrying-capacity and sustainability studies for new vv licenses.

Absolute Prohibitions That Cannot Be Overridden

Certain properties and locations are categorically excluded from tourist rental, regardless of municipal intent. These include:

•  - Protected natural areas and Natura 2000 zones, unless a protection plan explicitly permits tourist use

•  - Rustic or protected agricultural land is not eligible for new vv licenses.

•  - Flood-risk zones, coastal flood areas, and public maritime-terrestrial domain land

•  - Properties classified as social housing (VPO), or that held such status within the last 10 years

•  - Dwellings deemed unfit or substandard for habitation cannot be used as tourist accommodation.

These restrictions are absolute and cannot be lifted through local planning decisions.

Minimum Age Requirement for Properties

To discourage speculative development aimed at immediate holiday rental use, the law introduces a minimum age requirement:

•  - In Tenerife, a property must be at least 10 years old to qualify.

The age is determined using official records such as building licences, first occupancy certificates, or cadastral data. Exceptions are only possible through valid planning instruments and are expressly excluded in areas classified as tensioned residential markets.

Tensioned Residential Markets: Automatic Suspension

If a municipality or area is declared a “zona de mercado residencial tensionado”:

•  - All new authorisations for tourist rentals are automatically suspended

•  - Existing licences may continue but cannot be expanded or intensified

This mechanism operates by law and does not require additional municipal action.

Temporary Authorisation System (Key for Tenerife)

Holiday rental permissions are now granted under a temporary authorisation regime, generally valid for five years. Renewal is not automatic and requires:

•  - Submission of a new declaration

•  - A municipal certificate confirming compliance with current urban planning rules

•  - Confirmation that the area is not designated as tensioned

•  - Filing the renewal request within the final month before expiry

Failure to renew on time results in mandatory and definitive deregistration.

Stricter Registration and Advertising Obligations

Every authorised property is assigned an official registration number. This number must appear clearly on:

•  - Platforms like Airbnb, Booking.com and similar portals.

•  - The owner’s own website

•  - All online and offline advertising materials

Non-compliance with advertising requirements of short-term tourist rentals constitutes a regulatory breach.

Summary: When You Can and Cannot Rent Out (December 2025)

You may rent out if:

•  - Urban planning rules expressly permit tourist use

•  - The property is at least 10 years old

•  - The dwelling is not in a prohibited category

•  - The area is not classified as a tensioned residential market

•  - The property is properly registered and advertised with its official number

You may not rent out if:

•  - Urban planning regulations do not explicitly authorise it

•  - The property is or was social housing within the last 10 years

•  - The dwelling is located in a protected or restricted area

•  - The property is too new or classified as substandard housing

•  - Residential and tourist uses are combined unlawfully

•  - A temporary authorisation has expired without renewal

This legislative reform represents one of the most restrictive and planning-driven holiday rental frameworks introduced in Spain to date, with particularly significant implications for Tenerife.