Who can rent your property?
The law states that a new property will not be licensed for the first 5 years (after completion) as long as it does not matter how long it is already owned by the corresponding owner. The buyer, who buys a property in an area that allows vacation rental and that is more than 5 years old, can apply for a license immediately. Now as before, you must meet the strict requirements of the regional government and acquire the tourist plaza. Those who already have a license: nothing changes, since acquired rights are respected. The same owner can rent a maximum of three properties.
What types of properties can be rented?
You can rent single-family homes, but also vacation apartments in multi-family homes, as long as the rest of the owners do not object and the properties are located in one of the authorized areas.
What does the property have to offer?
In order to rent the property, you must first have a certificate of habitability and an energy efficiency certificate. Social housing is excluded. Another requirement is that there is a bathroom for every four tourist beds and, in the case of a holiday apartment in a multi-family home, that it has its own electricity and water meter. In areas where there are vacation rental restrictions, it must be the owner's primary residence. However, these regulations only affect real estate that until now did not yet have an official rental license. Otherwise, it is necessary to request a new license.
Where can the properties be rented?
The zone plan called PIAT is the basis of the General Tourist Law: it clearly distinguishes between areas saturated with tourists and those that can admit a few more guests; here tourist rental is allowed throughout the year. There are some areas where renting is completely prohibited, for example, holiday homes on the beach of Palma or specifically from Es Carnatge (Can Pastilla) to the municipal limit of S'Arenal in Llucmajor, as in the conservation areas landscaping and in industrial and economic zones. In addition, there are other places considered "sensitive", including some 31 areas, such as certain sections of Deià, Pollensa, Sóller, Ses Salines, and also on common rustic land, where rent is also limited. In sensitive places and in "saturated" places the 60-day rule applies; In other words, these properties can be rented for a maximum of two months a year. This is the case, for example, in the coastal area near Palma, such as Palmanova, Magaluf, Santa Ponça and Peguera in the southwest, and S’Arenal, Cala Blava or Son Verí Nou in the southeast. The city of Palma is excluded from the zone plan, since the City Council has presented its own regulations, which apply the following: the rental of houses in multi-family housing buildings is prohibited and it is allowed in single-family homes. Consult the zone plan with the different color-coded zones and the corresponding breakdown at: http://www.isproperties.es/zonificacion-mallorca.pdf
How do I get a license?
The procedure is still very complicated. The vacation home must be located in an area where rental is allowed according to the zoning plan. First, you must request the corresponding certificate from the responsible municipality. If it is a dwelling in a multi-family building, the board of owners must first approve the rent. You can then request a license from the Balearic Government's Department of Innovation, Research and Tourism. Once the license is granted, a registration number is assigned for the property to be rented. Subsequently, it is necessary to acquire the individual tourist places and, last but not least, a Responsible Declaration of Start of Activity or DRIAT must be presented to the General Directorate of Tourism (of the Ministry of Tourism). From that moment on, it can be officially rented. In the future, users will be able to check if the regulations are complied with by means of an application: with the name "verificació lloguer turístic Mallorca", the tourist can check with the registration number if the rental is authorized. What is clear is that the authorities will exercise greater control.
How much does it cost to rent?
If you have obtained the registration number for the property, you must pay for each space offered on the property. A place in a single-family house costs € 3,500, a place in a holiday apartment € 875. In the case of homes within the 60-day regulation, the tourist square costs € 291.67. Payment in installments is allowed.
What happens to the license when I sell the property?
Licenses have different validity periods. New vacation home licenses are perpetual and can therefore be sold. On the other hand, holiday apartments to which a license has been granted for the first time, this is limited to five years, at which time the licenses must be returned. Given that the Government of the Balearic Islands intends to reduce the total number of tourist beds in the medium term, the returned places will not be assigned again. Currently, the law establishes a limit of 430,000 places in Mallorca, of which 115,000 are for vacation rentals and the rest (315,000) for hotels.