Last week came into force the new Law of Tourism of the Balearic Islands that begins including a moratorium of one year in which will not be granted new licenses of tourist rental.
Aspects to consider:
- The institutions with urban planning have a period of one year to establish and approve the zoning. Until this is not carried out, no further statements may be submitted starting responsible for tourism and new licenses will be given.
- The different marketing channels are obliged to publish the license number of the dwelling corresponding to the final license granted by the administration that has the tourism management competences.
- The new Tourism Law introduces a modality called «main housing rent». This will be given when the commercialization is carried out by the same owner in its main dwelling for a maximum term of 60 days in a period of one year.
- In the modality of houses subject to the horizontal property regime, it’s necessary an agreement of the junta of owners by majority of the proprietors, who at the same time constitute the majority of quotas of property, to carry out the tourist commercialization.
- Touristically market is prohibited any type of residential housing subject or has been subject to official protection regime.
- The person marketer of tourist stays has to send to the Police DG the information regarding the stay of the people who are staying, in accordance with the rules of public safety.
- Inland tourism accommodation must have a minimum of five accommodation units.
- The law maintains the repeal of section 5 of article 88 of Law 8/2012, which allowed an exchange of two stays for one.
As far as sanctions are concerned:
- The new law declares those responsible for infringements related to the commercialization of tourist stays in illegal housing, both the owners of the properties and the potential exploiters and marketers.
- Marketing a home without submitting responsible statement implies a serious offense with fines between 20,001 and 40,000 euros for both the owner and the operator or marketer, and each house is offered.
- In the case of platforms or other owners and operators of the tourist marketing channels, advertising or promotion of illegal offers implies penalties of up to 400,000 €.