· 6 min read
Expert legal comment: Canary Islands Land Law reform – what property owners should know
Legal comment by Sander Gil Hdez., Lawyer in Tenerife
Practising lawyer in Tenerife. Official professional profile available through the Colegio de Abogados de Santa Cruz de Tenerife.
This article is a legal comment on the announced reform of the Canary Islands Law on Land and Protected Natural Areas. It is for general information only and does not replace specialised legal advice.
Professional profile
This information does not constitute legal advice. Every property situation should be reviewed individually by a qualified lawyer.
The Government of the Canary Islands is processing a reform of the Law on Land and Protected Natural Areas of the Canary Islands. Although the reform has not yet been finally approved, it is important for property owners, buyers and investors to understand the possible consequences.
The announced reform aims to reinforce urban planning and environmental discipline, with stricter sanctions for certain infringements, greater control over works carried out without the required administrative authorisation, and increased supervision of actions affecting rural land and protected natural areas.
Who may be affected?
This reform may be especially relevant for owners of detached houses, rural properties, communities of owners, people carrying out construction or renovation works, holiday rental owners, tourism operators, businesses, self-employed professionals and anyone planning to buy a home, rural plot or other real estate asset in the Canary Islands.
Why preventive legal advice matters
Before carrying out any work on a property, even if it appears minor, it is advisable to check whether an urban planning licence, responsible declaration, prior communication or another type of administrative authorisation is required.
This is particularly important before extensions, plot fencing, construction of storage rooms or annexes, installation of swimming pools, pergolas or porches, solar panels, earthworks, changes of use, structural reforms or any action affecting rural land or protected areas.
Before buying a property or rural plot, it is also advisable to verify not only the Land Registry and cadastral situation, but also the urban planning status of the property. In many cases, buildings, extensions or uses do not match the legal reality of the property, which may cause serious problems in the future.
A prior legal review can help avoid sanctioning proceedings, demolition or restoration orders, problems obtaining licences, complications in future sales and costs that may be much higher than the cost of preventive advice.
How Gil Hernández Abogados can help
Gil Hernández Abogados offers preventive legal advice in urban planning matters, by appointment at 922 10 93 41. The firm can review the urban planning status of your property, analyse the legal viability of works or extensions, study possible legalisation or regularisation procedures, review administrative files already initiated, advise before a purchase or sale, and defend your interests in sanctioning or urban legality restoration proceedings.
The purpose of this advice is to prevent problems before they arise and to provide legal certainty in any action related to real estate in the Canary Islands.