Balearic Islands

Table of Contents

Table of Contents

Types of rent

In the Balearic Islands, homes for tourist purposes can adopt the modality of tourist rent of second homes or rental of the main residence.

Tourist rent in second homes

Tourist stays sell accommodation in residential homes, in its entirety, for days or weeks but for a maximum of one month, in conditions of immediate use and for profit.

This category includes stays in tourist accommodation:

  • In single-family buildings. They can be marketed indefinitely, except if it is a single-family home that shares a plot with others or if it shares the building with premises intended for other uses (with more than one owner).
  • In multi-family buildings. They can be marketed with a limit of 5 years renewable. After this period, marketing can continue only if all the requirements determined by law or regulations continue to be met, including that the area continues to be suitable, for extendable periods of the same period.

Hiring by rooms is prohibited. Tourist stays in homes are incompatible with the formalization of contracts for rooms or with the coincidence in the same home of users who have formalized different contracts.

Rental of main residence

When it is marketed only by individuals who own the property, and they are marketed for a maximum period of 60 days in a period of one year, the marketing of tourist stays can be carried out with the modality of renting the main residence; and this regardless of the type of home, whether it is single-family or multi-family.

The following requirements are required:

– The marketer must prove, in the presentation of the responsible declaration, that he or she is the owner of the property;

– the marketing period, which may not exceed 60 days per year, must be respected;

– The declaration of responsibility can only be submitted if the property is located in an area expressly declared suitable;

– The responsible declaration enables the exercise of the activity for a period of 5 years, with the same regime and authorization and renovation requirements established for homes subject to the horizontal property regime;

– The coexistence of the people residing in the dwelling with the users is allowed, exceptionally, as long as it is correctly indicated in the advertising of the dwellings;

– The owner may not already have more than 2 homes marketed for tourism in the other two types of stays in holiday homes.

Common Requirements

The following are common requirements that both types of housing must meet:

  • Residential dwellings must have had a private residential use for a minimum period of 5 years.
  • The dwellings must have a valid certificate of occupancy or the similar certificate of occupancy issued for this purpose by the competent island administration.
  • They must have at least one bathroom for every 4 places.
  • It must be accredited by obtaining an energy certificate that must be approved. Failing that, the minimum qualifications are as follows:
    • “F” rating for buildings prior to 31-12-2007;
    • “D” rating for buildings after 1-1-2008.
  • Individualised control systems for water and electricity consumption.
  • Compliance with accessibility regulations.
  • Prohibition of the marketing of subsidized housing or housing at an appraised price and those located on protected rural land.
  • Subscription of civil liability insurance to cover bodily or material damage that users of the dwellings may suffer during their stays. When the property is subject to the horizontal property regime, the insurance must also cover any damage that users may cause to the community of owners.

Procedure for starting activity

The following requirements must be met for the start of the activity:

Submit the responsible declaration of commencement of activity to the competent body in tourism, providing the following documentation:

– accreditation of personality;

– Municipal certificate accrediting that it is in a suitable area, and that the maximum number of places in the municipality has not been exceeded;

– certificate accrediting the acquisition of tourist places;

– only for rentals of main residence: certificate of registration of the owner; and

– Only for homes subject to the horizontal property regime, documentation proving that tourism marketing is allowed in the community of owners.