Renting Out A Property For Holiday Purposes Balearic Islands – Update August 2017

Update 06.08.2017. A new amendment to the Tourism Law for the Balearic Islands, dated 31/7/2017 prohibits new ´declaraciones responsables´ to be filed until the various local authorities have determined the zones where new tourism rental activity is still allowed and if so, at what times of the year.  It is expected that most will maintain the prohibition to rent out apartments, as mentioned below. It will not be possible to newly register rural properties built on rustic protected land.

We strongly advise to seek the assistance of a gestor in the loop with the new regulations if you´re thinking of renting out your property and even if you already do, to see if you still meet the requisites. The list of requisites is extensive, from an Energy Certificate with a certain qualification related to year of build, to registering and meeting limits of wateruse by the tenants, to name just two.

One of the most important changes is with regards to the issue of sanctions if a property is either rented out or advertised without the necessary ´declaración responsable´ in place, or if the underlying documents to prove you meet the requisites are not in place. Instead of issuing sanctions on the lower end of the scale the law allows, the fines will now be issued on the higher end and inspections will be increased.

To help tourist find out whether a property they intend to rent is legally registered, the ´Consellería´ will create an App that will tell them if the property is legal or not.

With regards to new registratons re renting out a ´vivienda/habitual home´ you will now have to show the property has been used as such for at least 5 years, before you can register the property for holiday rentals. The ´declaración responsable´ that will regularise the start of the activity will only be valid for 5 years, with possible renewal after that, within the month prior to expiration date, if the property still meets the requisites.

Special option to rent out property that is used as a permanent residence of the owner, for a duration of max. 60 days/year. Even possibility of renting out the property partially, while the owner remains in residence, provided the total of ´beds´ doesn´t exceed the maximum as determined by the habitation certificate. In a special reglament the areas where this is possible, and further requisites to register as this special category ´vivienda principal´ will be outlined. The owner would have to indicate on the ´declaración responsable´ when exactly the property would be available for tourist rentals.

Original text of this FAQ: For the regulations on holiday rental in the Balearic Islands, visit the site below for the government website in Spanish only.

CAIB Website. Please click the ‘ solicitud ‘ screen at the bottom of the screen for more info re the procedure to register your property.

Please note that renting out of apartments is NOT possible under Balearic law, only ´viviendas unifamiliares´, with the required licence (last line of the blue-ish part of the CAIB website page).

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.