Regulations on Holiday Rental Properties in the Autonomous Community of the Balearic Islands


 

What tourism requirements must "holiday rental properties" meet before being rented for the first time?

In Majorca, Menorca, Ibiza and Formentera:

  1. Single-family holiday rental properties must be as follows:
  1.  A detached single-family dwelling (one dwelling per plot with no adjoined properties); or
  2. A single-family dwelling with party walls (if it is the only dwelling on the plot); or
  3.  Semi-detached single-family dwellings (single-family dwellings on a single plot subject to a horizontal property regime or single-family dwellings on separate plots separated by a party wall); or
  4. Properties in which the existence of an analogy must be assessed (two or more traditional properties on a single plot, although the appropriate file must be processed before the competent island tourism management Administration).
  1. After the effective date of Act 6/2017, of 31 July, independent properties located in multi-family buildings or terraced buildings subject to a horizontal property regime may be used as holiday property rentals, provided they meet the requirements stipulated in Articles 5, 50 and 75 of Act 8/2012, of 19 July, on Tourism on the Balearic Islands, after the drafting thereof by Act 6/2017 and, among other requirements (also applicable in certain cases to other types of building):

a. There must be tourist capacity available:

  • The Island Plans (the Tourism Intervention Plan, or the PIAT, and the Island Land Use Plan, or the PTI) will establish by islands and by zones maximum capacity for residential accommodation that can be marketed to tourists. These maximums shall be differentiated from maximum tourist accommodation capacities.
  • Until said maximum capacities are established, the current legal capacity plus any currently available capacity in the Tourism Agency Pool shall be considered the available capacity. During this period there shall be one Pool, both for tourist accommodations and for stays at residential tourist properties.
  • New Statements of Compliance (DRIATs) cannot be submitted until the process of zoning is complete.

 

b. They must be located in a qualified zone (“zoning”): declaring qualified zones by building type (multi-family, single-family, main dwelling rental, etc.) corresponds to the island councils (and their decisions shall apply until the city councils establish the respective demarcation in the municipal urban development planning) and to Palma City Council, which shall have 12 months to do so.

City councils shall be granted one month to issue a report stating whether they deem the zone to be qualified, in part or in its entirety and by building type (multi-family, single-family, main dwelling rental, etc.). The report is binding with regard to the last aspect (non-admittance of any type), although the island council may separate itself from the report due to just cause related to a legality review and to the regional and urban development planning at the supra-municipal or island level.

If within 12 months there is no express statement from the island councils or the Palma City Council, DRIATs may be submitted, but only for single-family isolated dwellings, detached houses between dividing walls or single-family dwellings.

These statements or demarcations can be modified at any time through the same procedure.

Furthermore, new urban planning conditions specifically related to the development of the activity may be imposed, both legally and through the use of regional, urban or environmental planning instruments.

Properties being marketed to tourists where this activity is already being legally exercised at the effective date of this act shall not be affected by zoning.

c. Tourist stays that are marketed must be short-term, established by days or weeks, where under no circumstances may a single stay last more than one month.

d. Tourism activity is prohibited on protected rural land, unless the PIATs or the PTIs make an exception or are more restrictive.

Tourism activity is prohibited at social or price-controlled housing.

e. Also it cannot be developed in dwellings that have been imposed a final sanction for serious or very serious infringement of urban planning, as long as the legality is not restored.

f. Limited number of properties: only a maximum of three properties per owner can be marketed.

g. The party marketing the property must have a municipal certificate verifying this situation.

h. Community of owners: it is essential that this activity is not prohibited by the foundation title or the articles of association of the community of property owners and, furthermore, an agreement in favour of tourism marketing must be reached among a majority of owners representing a majority of ownership shares (unless the articles of association already allow for such). At the second call, the majority of the attendees representing more than half of the shares of those present would suffice (Art. 17.7 Horizontal Property Act). This agreement must be recorded with the Property Registry.

The effect of the community agreement can be amended at any time and this entails the obligation to cease tourism marketing.

i. Duration of tourism activity: 5 years, which may be renewed for a period of 5 years.

The conditions for a 5-year renewal are as follows:

1) All legal and regulatory requirements, including the location of the property needing to be in a qualified zone, must still be met;

2) The owner must give notice or express permission;

3) There must be a certificate from a capacity manager “(…) verifying that the available capacity can be used for five more years.”

j. Type of buildings: only possible in buildings more than 5 years old and previously used as private residences. This must be verified with a declaration of new works or first occupancy license.

k. The concept of “main dwelling rental” is created for those cases where the lessor is the physical person who rents his/her own main dwelling (Art. 50, Section 20) for a period no more than 60 days per year, in which case, in addition to the aforementioned requirements, the following must be met:

  • this situation is reflected in the statement of compliance;
  • the distribution of the rental instalments is indicated, limited to 60 days/year;
  • it is located in an "qualified zone" for tourism rental;
  • time limit of 5 years, which can be renewed like the other modalities;
  • in this modality cohabitation between residents and users is authorised, provided (i) such situation is stated in the property advertisement and (ii) the capacity limits established in the habitability certificate or analogous habitability deed are respected.

l. These regulations do not apply to the renting of rooms as may be developed by law.

 

  1. Single-family properties must have a maximum of six bedrooms and the maximum capacity established in the habitability certificate, which under no circumstances may be more than twelve occupants (space intended for and occupied by children under twelve years of age or security, cleaning or domestic personnel who may stay overnight do not count for the purposes of the maximum capacity).

There must be one bathroom for one to five potential occupants, two bathrooms for six to eight potential occupants, three bathrooms for nine to eleven potential occupants and four bathrooms for twelve potential occupants.

  1. Multi-family properties must have the maximum capacity established in the habitability certificate or the analogous habitability deed.

They must have the minimum equipment established by law, and if there is no relevant stipulation, they must have one bathroom for every four potential occupants.

  1. The category labels standardised in Annex 1 of Decree 20/2015, of 17 April, on general principles and directives for coordinating tourist matters, must be displayed in the main entrance in a prominent and visible place.
  1. Quality plans that, where appropriate, are legally approved must be fulfilled.

 

In Formentera (the aforementioned requirements must be met as well as the following):

 

  1. Single-family dwellings may be used as holiday rental properties when they exist at the effective date of the Revision of Subsidiary Regulations of Formentera, definitively approved on 30 September 2010, due to the presence of an analogy, in the following cases:
    1. When dealing with detached buildings on the same plot that can be used independently due to the fact that they have all the services characteristic of a basic property scheme and those required by the Quality Plan for dwellings that can be marketed to tourists for the 2015-2019 period.
    2. When dealing with a single building that is permanently and functionally divided and can be used independently due to the fact that it has all the services characteristic of a basic property scheme and those required by the Quality Plan for dwellings that can be marketed to tourists for the 2015-2019 period.

However, the corresponding file must be processed before the competent body of the Island Council of Formentera for the declaration of analogy before the statement of compliance is submitted.

  1. Marketing tourist accommodation in properties is prohibited if they are dived functionally by flats or when a building is divided into more than three dwellings, regardless of whether there are three or more owners, where no analogy can be appreciated in these cases.
  1. Marketing more than three properties on the same plot, regardless of the classification or form of the buildings, is prohibited.
  1. Dependencies, facilities, furniture and equipment in the conditions established in the Quality Plan, in perfect working condition and in a proper state of cleanliness.
  1. Spots intended for and occupied by children under fourteen years of age do not count for the purposes of the maximum number of spots.
  1. Fulfilment of the Quality Plan for properties that can be marketed to tourists in the 2015-2019 period, the duration of which is 5 years, and pay an €80 fee to obtain verification of the fulfilment therewith (the validity of which is six years) from the Administration.

 

From a tourism perspective, what additional requirements must a "holiday rental property" meet while being used as a rental?

In addition to the aforementioned requirements, which must be satisfied at all times throughout the duration of the tourism activity, the following aspects must also be taken into account:

In Majorca, Menorca, Ibiza and Formentera:

1) Fulfil sustainability and accessibility regulations applicable to properties.

2) Energy certification: F (for buildings built before 31/12/2007) or D (for buildings built on or after 1/1/2008). A period of 3 years is given to conform. Only properties protected under heritage regulations are excluded.

3) Individual water meter with a supply company when the utility is received from the public network. Individual meters for other supplies as well, such as electricity or gas.

4) Civil liability insurance policy for users (and for the community of owners in cases of multi-family properties).

5) Additional beds are not permitted for minors under 12 years of age.

6) Any type of advertising must include the tourism registration number of the accommodation.

Unless a DRIAT has been submitted, terms such as holiday, tourism, and/or others of the like cannot be used to market an accommodation.

7) The following tourism services must be offered: periodic cleaning, maintenance and provision of linen and bedding.

8) 24-hour telephone assistance. In the case of multi-family properties, the community owners must have access to the telephone number.

9) Written instructions on the rules of the residence and the tourism registration number of the accommodation (signed by the client) and supervision to see that they are followed. In the event of serious non-compliance, the guest must be required to leave the accommodation within 24 hours.

10) Inform the General Directorate of Police of the data regarding the stay.

11) The regulation that develops the norm, or the PIATs, may establish further requirements, conditions, limits and contents.

 

In Formentera (the aforementioned requirements must be met as well as the following):

 

  1. The party marketing the holiday rental property must keep a copy of the contract signed with the user, the information provided thereto and the invoices issued, all of which must at least include the name or commercial identification, exact location, the registration number of the holiday rental property, the price of the accommodation, the contract price, the arrival and departure dates and times, as well the services included in the price, and make said documentation available to the tourism administration for four years.
  1. When said property is marketed by a tourist operator, the owner of the holiday rental property must preserve and make available to the tourist administration for four years the documents signed between both parties, as well as the vouchers or reservation confirmations for each client. The latter must show the dates of the stay, contracted services and user identity.
  1. It must be ensured that the relevant authority has access to the tourist inspection log book.
  1. Maintain the holiday rental property in perfect condition, specifically as in the conditions stipulated in the Quality Plan for properties that can be marketed to tourists for the 2015-2019 period.
  1. Submit, where appropriate, a list of marketed properties to the tourism administration and keep such list constantly updated.
  1. Make a basic property user manual available to users, same being drafted in both official languages of the Autonomous Community of the Balearic Islands and in English, French, German and Italian. Said manual must include: instructions on heating and/or hot water; instructions on how to use the air conditioning, where appropriate; the location of cut-off valves or plumbing shut-off valves and the purpose thereof; instructions on how to use the available electric appliances; user manual on electric energy (location of electric panels and/or sub-panels, indicating any existing forms of protection); useful telephone numbers (24-hour emergency number, security company number, where appropriate, customer service number and other numbers for any subcontracted service providers); security alarm instructions, where appropriate; instructions in case of fire; and instructions on any type of facility at the property, in general.
  1. There must be a centre or local for handling tourist user relations, for the purposes of administration, customer service and providing information regarding the holiday rental property.
  1. Include all manner of advertising, the registration number of the marketing party and of the properties being marketed.
  1. Provide accurate information regarding the quality and category of the establishments and services, furthermore providing users with information on the complete service.
  1. Pay a fee to receive verification regarding the Quality Plan.

 

For tourism purposes, what procedure must I follow in order to rent out my "holiday rental property"?

 

  1. You must submit the statement of compliance form for holiday rental properties if they are located in Majorca or Ibiza. If they are located in Menorca, the statement of compliance for marketing holiday rental properties and the statement of property compliance for marketing tourist accommodation must be submitted. If they are located in Formentera, the statement of compliance form in Annex I of Regulation 1/2015, which regulates the marketing of tourist accommodation in dwellings, must be submitted. 

Take into account that the ability to give notice of the use of a dwelling for tourist accommodation is currently suspended.

  1. The following must be adjoined to these forms:

In Majorca, Menorca, Ibiza and Formentera:

  1. Credentials of the standing and representation of the declarant through any means allowed by law.
  2. All the information on the company, activity or holiday rental property deemed relevant.
  3. Proof of payment of the correspinding fee.
  4. Modernisation plan.
  5. Descriptive report signed by a competent technician, the minimum content of which is as follows:
    • First name, surnames, fiscal ID or foreigner residency permit number (NIF/NIE) and address of the owner of the holiday rental property, as well as that of the operator, where appropriate.
    • Address of the business premises, where appropriate.
    • Telephone number, fax number, e-mail and web page, where appropriate.
    • The opening and closing times shall be given.
    • 24-hour telephone support.
    • Description of the building, which shall include at least the verification of compliance with the stipulated parameters (type and minimum requirements), exact location, capacity, description of property rooms and facilities, including surface area, as well as the registration number and group, where appropriate, reflecting in any case the current status of the holiday rental property.
    • Maps of the property with all the data reflected in the report.
    • Declaration of compliance with the minimum requirements pursuant to the terms of Chapter IV of Title III of Act 8/2012, of 19 July, on Tourism on the Balearic Islands and Decree 20/2015, of 17 April, on general principles and directives for coordinating tourist matters; on regulation of advisory bodies, coordination and cooperation of the Government of the Balearic Islands; and on regulation and classification of tourism establishments and companies, issued to implement Act 8/2012, of 19 July on Tourism on the Balearic Islands, as well as Annex 6 of this decree, which is available here, and which must be filled in and adjoined.               
    • Express statement of possession of the habitability certificate or habitability deed and an insurance policy in accordance with the terms stipulated in this decree.

In Formentera (the documentation listed just below must also be included):

 

  1. Current habitability certificate or certificate of structural strength or construction completion certificate dated within a maximum of ten years.
  2. In the case of adjoined properties on the same plot, regardless of the classification thereof, that belong to different owners or are granted or leased to third parties as a main residence, a document verifying the consent and non-opposition of the other affected owners, occupants and tenants, or where appropriate, a copy of the statues of the residents' association stating that tourist leasing is not prohibited must be submitted.
  3. Express resolution declaring an analogy by the relevant body of the Island Council of Formentera, prior to the submission of the supervisor's declaration, where appropriate.
  4. A copy of the insurance policy.
  5. Self-assessment of current quality compliance, which is available here.
  6. Document verifying payment of the corresponding fee.
  7. Activity report reflecting whether such activity is permanent or temporary.
  8. Inidcation of the names and national ID (DNI) of the members, in the case of joint ownership agreements and business partnerships, or or contribution of the company's constitution document.

 

  1. This form must be submitted in one of the following manners:
    1. Tourism Service Registries of the Island Council where the holiday accommodation is located, any administrative body belonging to the Central State Administration, to any administration of the Autonomous Communities or to any of the entities that form part of the local administration if, in the last case, the relevant agreement has been signed.
    2. Post offices, preferably to the following address:
      1. Directorate General of Tourism of the Balearic Islands (Dirección General de Turismo de Islas Baleares), calle Montenegro No. 11, 07012 de Palma.
      2. Department of Tourism Management of the Island Council of Menorca (Departamento de Ordenación Turística del Consejo Insular de Menorca), Plaza de la Biosfera No. 5, 07703 de Mahón.
      3. Department of Tourism Management of the Island Council of Ibiza (Departamento de Ordenación Turística del Consejo Insular de Ibiza), Avenida España No. 49, 07800 de Ibiza.
      4. Department of Tourism Management of the Island Council of Formentera, (Departamento de Ordenación Turística del Consejo Insular de Formentera), Plaza de la Constitución No. 1, 07860 de San Francisco Javier.
    3. Spanish diplomatic agencies or consular offices abroad.
    4. Electronic registry of the Balearic Islands, which is available here.

 

  1. The submission of the Statement of Compliance results in the immediate entry at the Island Register of Tourism Companies, Activities and Establishments.
  1. Further information is available here regarding holiday rental properties in Majorca, Menorca and Ibiza and Formentera.

 

 

What tourism regulations govern the rental of my property?

In Majorca, Menorca, Ibiza and Formentera:

  1. Act 8/2012, on 19 July, on Tourism on the Balearic Islands, as amended by Act 6/2017, on 31 July, on the marketing of tourist accommodation in dwellings and Decree-Law 3/2017, of 4 August.
  2. Decree 20/2015, of 17 April, on general principles and directives for coordinating tourist matters; on regulation of advisory bodies, coordination and cooperation of the Government of the Balearic Islands; and on regulation and classification of tourism establishments and companies, issued to implement Act 8/2012, of 19 July, on Tourism on the Balearic Islands: specifically Articles 6, 83, 84, 86, 87, 106, 107, 108, 127 and 129 thereof.

In Formentera (in addition to the aforementioned regulations):

  1. Regulation 1/2015, which regulates the marketing of tourist accommodation at properties on the island of Formentera: specifically, Articles 3, 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16.
  2. Quality Plan for properties that can be marketed to tourists in the 2015-2019 period: specifically Articles 3, 4 and 5 thereof.

 

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