Balearic Islands rejects restricting foreign home purchases

The Balearic Islands rejects limiting property purchases by foreigners while the Canary Islands backs it: one in four transactions in the islands is signed by non-residents.

English · Original discussion in Spanish · Published

Balearic Islands rejects restricting foreign home purchases
Balearic Islands says no to banning foreign home buyers

At the General Assembly of the Islands Commission of the Conference of Peripheral Maritime Regions of Europe, held in La Palma, the Canary Islands government raised the idea of limiting foreign home purchases to curb the archipelago's demographic imbalance. The Balearic response came the same day, from its Director General for Institutional Relations and with Parliament, Francisca Ramis: the measure would abusa the free market, disregard fundamental rights and go against the Treaty on the Functioning of the European Union. Two archipelagos, the same underlying problem, and two opposing recipes for tackling it.

What the Canary Islands proposes and why the Balearics says no

The Canary Islands president, Fernando Clavijo, argued that the new ORP strategy opens a window of opportunity to combine economic development with sustainability, and that European law does not restrict freedom of residence. His proposal won the backing of the Assembly of the Islands Commission. In the Canary Islands, one in four purchase transactions is carried out by foreigners, double the national average.

Ramis does not dispute the diagnosis. She admits there is a housing shortage and mass tourism, but argues that "we have to live with it" and that the Canary Islands' restriction "is not a solution". Her alternative recipe: decrees to simplify bureaucracy, converting ground-floor commercial premises into homes, mortgages for under-30s and abolishing the purchase tax for under-35s. Public housing, she adds, should be reserved for those who can prove at least five years of residence in the islands.

The legal argument: can purchases by EU citizens be banned?

The core objection is whether Brussels allows a member state to close its residential market to other EU nationals. The official Balearic answer is no: the Treaty on the Functioning of the European Union forbids it. Against that, economic analysis points to precedents that qualify the dogma. Denmark inserted a clause into the Maastricht Treaty preventing EU foreigners from buying property unless they are permanent residents under certain conditions, with requirements of five years' permanence, as recalled in the debate itself. The Åland Islands, with a regime predating accession, work as another cited case.

The discussion gets tangled up in whether those regimes are unrepeatable historical exceptions or exportable models. Some argue the single market allows no watertight compartments and that anyone outraged by third-country tariffs cannot at the same time call for internal walls. Others reply that a fragile island territory cannot be legislated for like a spacious continent: the maxim that the Sabbath was made for man and not the other way round sums up that school of thought.

The real problem is not the buyer, it's the stock

The figure that unsettles both camps is construction. Between 2000 and 2020, around 75,000 homes were built in the Balearic Islands, of which only about 1,500 were promoted by the regional government or local councils. In the Canary Islands, between 2001 and 2023, 274,736 homes were built and only 12,547 were social housing, 4.6% of the total. The Balearic population grew from around 909,000 inhabitants in 2005 to 1,244,394 in 2024, an increase of 36.8%. With that proportion of public housing, any restriction on foreign demand operates on a market that was born lame.

To that is added the use of the existing stock. The most repeated criticism is not aimed at the second-home buyer, but at holiday rentals and the conversion of flats into illegal tourist accommodation. The remedy proposed down that road is not to ban purchases, but to tax non-primary residences heavily, prohibit holiday rentals and stop subsidising flights. In other words: attack the use, not the buyer's nationality.

The demographic shadow over the debate

No housing debate in Spain stops at bricks and mortar. Population growth through migration creeps into the analysis with big numbers: more than five million residents of foreign origin are mentioned, along with an inflow pace that construction does not keep up with. In less than five years, the argument goes, the population of immigrant origin grew by 2.5 million while fewer than one million homes were built, pushing prices up. Hispanic Americans, it is said, pack several families into one flat and can pay what a local couple cannot.

That backdrop turns the Canary Islands' proposal into a broader contest: who can reside, who can buy and who decides. The comparison with Malta, with a density higher than Uttar Pradesh's, or with Gibraltar, where 95% of housing is public and granted as lifetime usufruct to legal residents, appears as a reminder that hybrid formulas already exist in Europe. None of them has been imported to the Balearic Islands.



One detail remains that nobody disputes: the Canary Islands campaigns to attract European retirees and digital nomads, two profiles with high purchasing power who also need a roof. Banning the foreign buyer while inviting them to move in is, at the very least, a brochure-worthy contradiction.

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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (99 replies).

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