On 1 st of August 2017, Law 6/2017 of 31 st July came into force, thus modifying Law 8/2012 of the Tourism board of the Balearic Islands.
Law 6/2017 increases the types of properties which can be used for tourist commercialization, to condominiums (apartments or houses subject to the regime of horizontal property) when two requirements are met:
- Authorization of the community: If the Constitutive Title or the Statutes do not forbid it, the commercialization will require the authorization of the
Community Board by virtue of agreement, by a double majority on the first call or on second call, the vote of the majority of the attendees as long as they represent the majority of the ownership share of those present.
- Zoning: the commercialization of tourist stays will be limited to those areas declared suitable. On July 27, 2018, the definitive zoning was approved.
In order to avoid building speculation, the property must be minimum 5 years old and been used as a private residence during that time. In addition, one must provide:
- A valid Certificate of occupancy (Cedula de Habitabilidad), that will restrict the maximum number of beds that can be offered.
- A valid Civil liability insurance policy with a minimum of 300,000 euros. In the case of condominiums and those subject to the horizontal property regime, the civil liability policy must also cover damages to the community.
- Municipal certificate that declares that the house is in an authorised area.
- Energy Efficiency Certificate (CEE) with a minimum rating of F or D.
- Independent facility meters.
- Minimum one bathroom for every 4 beds (occupancy rate)
- Other requirements established in Annex 6 of Decree 20/2015
- Fulfil environmental regulations and accessibility for people with reduced mobility.
- A maximum of 3 houses per owner is allowed.
It should be noted that tourist commercialization is not allowed in the event of any of the following situations:
- Properties located on protected rural land
- Government subsidised properties
- Properties part of a restitution of urban legality, until the restitution of legality has been proven.
Types of tourist stays:
Tourist stays are classified in three types:
1.- Tourist stays in single-family homes: they can be offered all year round and the license has an indefinite duration.
2.- Tourist stays in condominiums: they can be commercialized throughout the year, although the license has a validity for 5 years. After 5 years, it will be necessary to prove once more that it fulfils all previously described requirements.
3.- Tourist stays in main residences rented by owners: they can be commercialized for a maximum of 60 days a year. The owner must be a resident in Spain and prove that it is their main residence by means of the registration certificate.
On July 3, 2018 the Tourism Department of the Balearic Government approved the license rates for the commercialisation of tourist places:
- Single family homes: 3,500.00 euros per bed.
- Multi-family and housing subject to the horizontal property regime: 875 euros per bed. This amount needs to be repaid every 5 years.
- Main residence (60 days a year): 291.67 euros per bed. This amount needs to be repaid every 5 years.
Those interested can apply to pay in 5 installments of 20% each. The first installment will be paid within a maximum period of one month from the acquisition of the license, with the following installments taking place every 12 months.
In addition, the corresponding administrative fee will be paid.
- Inform the Police authorities of each visitor staying at the property.
- Include the tourist license number in the property advert. If this number is not available, the entry registration number generated at the time of the
presentation of the Responsible Declaration for Activity Commencement (DRIAT), will be provisionally granted by the Tourism Department of the
- Tax obligations such as income tax, as well as the so-called eco-tax.
Data and information provided by Palmer Legal, on 8 th August 2018.
- Abogado -