New changes to the rental laws in the Balearic Islands
Below is a summery of what I understand are the most important changes of the law that relates to tourist rentals in Ibiza.
These changes came into effect in August 2017.
Please note that although I have done all I can to correctly interpert the law this is in no way full legal advice, but my interpretation of the law, and it does not substitute the legal report of a lawyer.
It is not possible for anyone to apply for a rental license ( this also applies to apartments ) until the 31st of July 2018 as there is a moratoria in place. (My guess this is to allow time for the politicians to think things through properly.) When the moratoria comes to an end the new law will have the following changes.
Villas
- 1. The rental period for a tourist rental seems now to be maximum one month per client.
2. There will be a limited number of bedrooms assigned (as the hotels). This is not specified yet. This is to be managed by a “stock” of Touristic places in the hands of the Government, which are the ones existing plus the ones the government considers opportune.
3a. There will be zones that will classified as not suitable for tourism ( perhaps in relation to maximum density of the population – but these are not specified yet – the town halls will decide ) and therefore properties in these areas will not be able to apply for a license.
3b. We already know that protected rural land is already classified as not suitable for tourism and no new licences will be granted for properties in these areas.
3c. We also know that common rustic areas still will be suitable for tourism, so no problem there.
3d. Those properties that already have an existing license will not be affected either way.
4. Energy certification will be required, depending on the age of the property.(if before 31/12/2007 this will not be required).
5. It will not be possible to market properties that have had punishments for serious violations of the urban laws until these violations has been corrected.
6. Only properties with a valid “Cédula de Habitabilidad” or similar certificate will be able to get a license. The capacity of the occupants of the property has to correspond to certificate. The Cédula de habitabilidad needs to be renewed every 10 years and is a small one page document that can only be obtained if the property has a “final de obra” or is totally legalised. In the past this was only obtained so water and electricity could be connected to the property – however now it is also necessary to apply for a touristic rental license.
7. The people staying in the property must be reported to the police – again like the hotels.
8. The rental property has to be minimum five years old – and in this period it must have been used privately.
9. An advertiser (rental agency) of a property without a proper rental license application or without using the tourism inscription number will be made responsible along with the owner. This can incur fines from 4.001 – 40.000 euros.
10. There has to one bathroom for every four beds.
Apartments
Apartments will now have the possibility to obtain a rental license but only if the board of owners allow this.
Furthermore;
1. Each license will have to renewed every five years.
2. The rental agent has to inform the clients in writing about the house rules and ensure they are understood and respected.
3. If the rules are not respected the rental agent has to require the tenant to vacate the property within 24 hours.
4. The owner has to have sufficient insurance to cover damages that the clients may cause to the community property.
5. There has to be a service number for the community open 24 hours.
I will update this article as I learn more.
Lars Bruun
