ILLESLEX ABOGADOS

The Government Council proceeded on April the 7th, 2017 to the approval of the Bill amending the law 8/2012, of the tourism of the Balearic Islands, regarding the marketing of tourists staying in housing.

The Draft Bill has been forwarded to the Parliament of the Balearic Islands, where it has been processed by way of emergency with the purpose that the regulation can enter into force before the start of the high season,

The Draft Bill primarily addresses two issues: first, the regulation of marketing of leisure in housing (the so-called tourist rental) and another, the establishment of a real ceiling of tourist “stays”.

The main novelties introduced by this project with regard to the previous regulation, are the following:

Intends to establish a real ceiling or maximum limit of tourist stays or places that will be determined by the legally existing stays-places plus the ones integrated into packages of tourist stays-places available to tourism administrations.

This ceiling or limit, in all cases, may be modified by Intervention in Tourist Areas Plans (PIAT) and, where appropriate, by the Insular Territorial Plans (PTI).

These instruments may also determine the existence of packages of tourist stays-places: one for tourist accommodation and one for tourist home stays.

Introducing a “zoning”. It will be allowed only to market tourist stays in homes located in areas declared suitable.

The Islands’ Councils, or in its case, the City of Palma, with agreement of the plenary, will determine the suitable areas, that can be differentiated by building typologies. This agreement will need to be adopted within 8 months from the entry into force of the law.

If the agreement is not adopted within the period of 8 months, new tourist licenses may not be requested in the respective territory until the agreement has been adopted by the territory.

The Islands’ Councils or the Town Hall of Palma may prohibit marketing of tourist stays in housing in all or part of its municipal term, with respect to all building types, or with respect to some of them.

To market tourist stays in homes will be only allowed in areas declared suitable expressly by the Island Councils of the City of Palma.

It will be necessary to have an administrative certificate attesting that the area where the house is located is suitable.

Homes which have administrative sanctions for serious or very serious urban development infractions will not be allowed to be marketed.

Houses located located on protected rural land, will not be allowed to be marketed unless the PIAT or the PTI of each island has established otherwise.

Houses subjected to official protection regime or appraised price will be not be allowed to be touristically marketed.

For the commercialization of residential housing, it will be required that they have a minimum creditable age of 5 years, this can be done by presenting a new work statement, license of first occupation or municipal certificate issued for this purpose. In addition to this, the use of the house during that time will have to have been private residential.

Tourist administrations must communicate the registration of businesses, activities and tourism establishments to tax administrations, town halls and registration of property in each respective case.

Tourist license applications for houses subjected to horizontal property regime, if prohibited by foundational title or by by-laws may not be submitted.

If the constitutive title or the statutes of the community of owners do not prevent the tourist rent or it do not exist, it is necessary to market the house to have an agreement of the Board of owners adopted by majority. This agreement shall be registered in the land registry.

Tourist licences for residential dwellings subjected to horizontal property will have a duration of 5 years, and will be renewable.

The tenants must be informed expressly and in writing about the rules of coexistence, as well as the appropriate use of the services and common elements. In the case of buildings subjected to horizontal property regime tenants must sign the receipt of this information.

Only vacacional homes that have certificate of habitability or similar title will be allowed to be marketed.

The maximum number of tourism “stays” allowed to be marketed will be determined in the certificate of habitability.

Only homes that have at least one bathroom for every 4 “stays-places” will be allowed to be marketed.

The formalization of contracts for rooms is not allowed.

It is mandatory to have certificate of energy efficiency with a minimum grade of F or D depending on the age of the building.

All tourist homes will have a period of 5 years to obtain the required minimum energy efficiency certificate.

Housing marketed for tourism must have individual meters of supplies (electricity, water, gas).

The marketer of the tourism “stay” should sent the tenants information to the Police Directorate General.

The advertising, recruitment or marketing of tourist stays in residential homes that have not yet submitted the corresponding beginning of tourism activity responsible statement (DRIAT) shall be punished with a fine from 20.001 to 40.000-€. Additionaly, a temporary suspension of the activity of the company or of the professional practice
or the temporary closure of the establishment can be put into effect.

In the case of advertising of holiday stays without a license, the persons or companies that will be held responsible are both the holders of the medium through which the advertising is carried out and the person responsible for having inserted it.

Files relating to tourist homes that are in process at the time of the entry into force of the new law will continue to be governed by the regulations in force at the time of the filing of the application.