Note
Canary Islands restrictions on foreign property buyers
Quick answer
On 13 October 2026 the Canary Islands government said it had sent amendments to an EU housing proposal and a draft state-level text to the Spanish government. Press describes the draft as asking 10 years of registered residence to buy a home, whatever the nationality. It is a draft. No restriction on buyers is in force.
Applies toBuyers considering the Canary Islands who have seen headlines about limits on foreign buyers.
This area of Spanish law is complex. We could not open the legal text behind the point below in full on the official site, so we state it as it is generally understood and have not checked it word for word. Before you rely on it, ask an independent Spanish lawyer who acts for you to confirm it for your case.
- Press of 15 to 17 October 2026 describes the Canary draft: ten years of continuous municipal registration (fifteen if discontinuous) to buy a home, the same test for Spaniards and foreigners, at most two homes per person; not read in the draft itself.
On this page: 10 sections
What changed
- Added the official notice of 13 October 2026, the press description of the draft and the EU Affordable Housing Act proposal. Source: s-can-gob
- Page published from press reports of 13 October 2026.
§ 1What was reported
The Canary Islands government said on 13 October 2026, in a notice on its own news portal, that it had asked, through the Spanish ministries, for amendments to the European Union’s proposed regulation on affordable housing. The amendments would let regions such as the Canary Islands temporarily limit the purchase, use and rental of homes by non-resident foreigners, in areas larger than one municipality if the housing emergency requires it. The regional minister for housing said the measures should be temporary, proportionate and complementary to building more homes. This page belongs to the chapter in the rules on rules and policy.
§ 2A second text
The same reports say that a draft text prepared by the regional legal services is with the Spanish government, and that the regional president asked for it to be approved by the Council of Ministers before the end of the legislature. Press of 15 to 17 October describes the draft as a law to guarantee access to housing for residents of the Canary Islands. As reported, a buyer would need 10 years of registered residence, or longer if the residence was interrupted, the same test would apply to Spaniards and foreigners, a person could own at most two homes, and sales that break the rule would be void. The limits would last ten years, and the legal basis would be the treaty article on the outermost regions. We did not read the draft or the amendments. On 23 October press reported that the Canary and Spanish governments were still working on the exact wording, with no timetable, and that the State holds the competence, so the islands cannot adopt it alone. We found no statement by the Spanish government.
§ 3The EU proposal
The European Commission proposed an Affordable Housing Act on 9 September 2026. It would let authorities restrict short-term rentals and the purchase of homes that are not a main residence in areas under housing stress, for up to five years at a time, without discrimination on nationality. It does not name non-residents as a category, and Parliament and the Council have not adopted it. We read the proposal, not the Canary amendments.
§ 4Status
The EU regulation is still a proposal. The amendments have not been adopted, and the state-level text has not been approved. No restriction on buyers is in force in the Canary Islands. The only official sources that would settle the status are the European institutions, the Spanish gazette and the Canarian gazette, and we did not find a relevant entry in any of them.
§ 5What applies now
National rules apply in the islands as elsewhere, including the military authorisation required for non-EU buyers in defence zones. The Canary Islands also have their own rules on tourist lets and land use. Restrictions on non-residents explained explains the general position on restrictions for non-residents.
§ 6What could happen
If the EU rules allow it and Spain adopts a framework, a region could limit purchases for a time in particular areas. How, for whom and from when are all unknown. A measure might target second homes, particular nationalities or types of use, and no official text says which.
§ 7Protecting a purchase
If you are buying in the Canary Islands, ask a lawyer registered there to confirm that no restriction applies, and consider a condition in the contract if a change is pending. See the Balearic Islands explained for the situation in the Balearic Islands and how law changes in 2026 works for other changes of 2026.
§ 8Source note
The Canary government’s notice of 13 October 2026 is official but general. The details of the draft come from press, not from an official text. We mark it accordingly and will update it if an official source appears.
§ 9Practical points
Island homes can face higher costs for materials and shipping, and a smaller choice of professionals. Budget for that, and choose a lawyer registered in the islands.
§ 10More on this topic
How the 100 percent tax proposal works explains the proposed tax on non-EU buyers and its status and Spain property tax changes for non residents explains tax rules for non-residents and what is still a proposal.
FAQRelated questions
Is it already illegal for foreigners to buy in the Canaries?
No. The reports describe requests and drafts, and we found no restriction in force. The national rules still apply, including the military authorisation required in defence zones for non-EU buyers.
What is the Canarian government asking for?
Temporary regional powers over purchase, use and letting of homes by non-resident foreigners, across areas larger than a single town if the housing emergency demands it, paired with more building and limited in time. The draft state text, as press describes it, would instead set a residence test for every buyer.
Would a Spanish buyer from the mainland be affected?
On the press description the test is residence in the islands, not nationality, so it could be. This is a draft, not a rule, and we have not read it.
Who decides?
The EU proposal is before the EU institutions, and regions cannot take part in the Council directly. A state-level text would need approval by the Spanish government and then by parliament. Neither step had happened in the reports we read.
Sources
- Gobierno de Canarias: Notice of 13 October 2026: Canarias pushes by state and European route to limit home purchases by non-resident foreigners (official source, opens in a new window), General description of the draft and the amendments; the draft text itself not readLast checked 26 October 2026
- European Commission: Proposal for a Regulation on affordable housing (Affordable Housing Act), COM(2026) 599 final, 9 September 2026 (official source, opens in a new window), Arts. 2 to 12 as summarised; not the annexesLast checked 26 October 2026
General information only. This is not legal, tax or financial advice. Check your own situation with a qualified adviser.