Canary Islands: 10-year residency rule for home buyers

What would change for buyers in southern Tenerife?

Nothing changes yet, because the draft is only a proposal in Madrid. According to the reports, it would cover purchases across the Canary Islands, including Tenerife.

Anyone registered for under ten years could not buy a home under the draft, RTVC and Que.es report. Spaniards and foreigners would be treated the same.

Holidaymakers could not buy at all, as they are not registered in the islands. Expats and second-home buyers would have to wait until they reach the ten-year mark.

The reports do not say whether purchases already under way or existing owners would be affected. If you plan to buy, ask a notary or lawyer where things stand before you sign.

What does the draft say?

President Fernando Clavijo's government (Coalición Canaria) sent Madrid the draft of a Real Decreto-ley, a decree with the force of law, on 15 October 2026. It requires ten years on the municipal population register, or 15 years if there are gaps.

Leggo Tenerife reports that the draft looks at registration, not nationality. The reports name no proof other than an entry in the Padrón (the municipal register of residents).

One person could buy at most two homes, in different municipalities. Idealista describes this as a main home plus a holiday home, and anyone owning two or more homes counts as a non-resident.

Companies could buy only to resell to private individuals or to let the homes out. According to RTVC, a purchase without proof would be void and could not be entered in the Registro de la Propiedad (land registry).

RTVC says inheritances are expressly exempt. Anyone who inherits a home would not be caught by the bans.

Why does the Canary Islands government want this?

Small islands, fragile nature: that is the government's argument, Leggo Tenerife reports. It says the islands need “measures that guarantee residents access to existing and future homes”.

A third of homes sold go to foreigners, many of them for holiday lets, Leggo Tenerife writes. Idealista puts the share at around 30%, Que.es at 35%, and neither gives a period.

In Tenerife, about 40% of purchases in 2024 went to foreigners, according to the notaries' Centro Tecnológico, as reported by RTVC. There, 25% of homes sold went to non-residents.

Italians lead the foreign buyers in the Canary Islands with 17.99%, ahead of Germans with 16.15% and Britons with 15.18%. RTVC reports that foreigners made up about 36% of all buyers from January 2007 to September 2025.

Would the plan stand up under EU law?

The Canary Islands cite Article 349 of the Treaty on the Functioning of the EU, which allows special treatment for outermost regions. RTVC, idealista and The Local say the plan needs approval from Brussels, and no date for that is known.

RTVC notes that Article 63 of the Treaty guarantees the free movement of capital, which includes buying property. The EU Court of Justice allows limits only for compelling reasons of public interest, and only if they are proportionate.

In 2013 the Court struck down a rule in Flanders that tied buyers to local links, ruling it disproportionate. Denmark, Malta and the Åland Islands have exceptions, which rest on their own treaty provisions.

RTVC reported on 27 November 2025 that Spain's housing minister, Isabel Rodríguez, backed limits on purchases by non-residents. RTVC calls this a political pledge, not legal clearance.

What about the tourist tax and holiday lets?

A second reform would go with the ban, Leggo Tenerife reports: the government is proposing to the Council of Ministers new powers for municipalities. Councils would be allowed to charge levies on overnight stays by non-residents.

Councils would also be able to ban holiday lets in certain zones. The reports do not say which zones would be covered or how high the levy would be.

What happens next, and when?

The Council of Ministers in Madrid must approve the draft, so the Canary Islands cannot decide this alone. No official reaction from Madrid is known so far.

Idealista and Que.es also mention the Comisión Permanente (the standing committee) for ratification. The Local gives 29 November 2026 as the election date.

The Local says the plan would pass to the next government if it is not approved by then. Exact wording, transitional rules, hardship cases and a start date remain open, and it is not known whether the PP and other parties will back it.