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Go Back   Pollensa Forum > BEFORE YOU GO > Hotels, Villas & Apartments in Pollensa & Cala San Vicente

Hotels, Villas & Apartments in Pollensa & Cala San Vicente Discuss hotels, aparthotels, private villas, apartments and any other type of accommodation in the Pollensa area including Cala San Vicente. Do add reviews and comments for specific hotels and apartments. Readers find these very useful. However this forum is not a place for advertisements. Check out the 'Advertise' page on the main web site.

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  #61  
Old 22-11-2017, 15:01
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If anyone is interested the actual new legislation is here Ley 6/2017, de 31 de julio, de modificacin de la Ley 8/2012, de 19 de julio, del turismo de las Illes Balears, relativa a la comercializacin de estancias tursticas en viviendas (Google translate does a fair job!). This legislation is an amendment to the previous law of 2012 Ley 8/2012, de 19 de julio del turismo de las Illes Balears

But as already posted here the information given by the lawyers Illeslex at the meeting and on their website sums it up THE 21 ANSWERS TO THE KEY QUESTIONS OF THE NEW TOURISM LAW (VACATION RENTAL) - Illeslex

The most bizarre point which I hadn't appreciated is that you cannot rent out your apartment for holiday lets if you are not resident, as it has to be your main residence that you let out. Therefore even locals, supposedly, cannot rent out their second homes (for holiday lets max 60 days a year). They have to decamp to their second home (or stay with friends, go on holiday) whilst they are letting out their main residence!

Have I got this right?
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  #62  
Old 24-11-2017, 11:21
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There may still be a glimmer of hope, from the MDB :- https://majorcadailybulletin.com/new...-brussels.html.
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  #63  
Old 24-11-2017, 14:10
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I was just about to post the same thing! It is, but these things tend to take time unfortunately. We live in hope.
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  #64  
Old 14-12-2017, 17:41
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I thought this was an interesting article written by a Palma based law firm:

Short-term property rental law in Mallorca

Relatively recent changes in the tourism legislation in Mallorca, particularly in those provisions that affect holiday lettings, have created a much heated debate about what is legal and what isn’t, and has left many Mallorca home owners confused about the viability of renting their properties. I will now endeavour to shed some light into this issue.

There is a Spanish general law (the Tenancy act) that regulates rental activities in this country. It has been said by some, rather erroneously, that rental agreements must have a certain minimum term, and that anything under one year, or six months, or even a month, automatically classes your tenancy agreement as a touristic one, and therefore an illegal one.

This mistaken account shows the two points where the understanding in this issue has gone wrong. Let me take them in turn.

In regard to the duration of a rental, you are perfectly legally entitled to rent out your house or flat for any period of time you like. It can even be for 24 hours. More over, this can be done under the above-mentioned Tenancy Act. The key is that in this country, this Act covers ‘permanent housing needs’, that is, tenants seeking a lease of a certain duration in which they would call your property home their home, but it also regulates rentals that might be agreed for purposes other than a permanent home for the tenant. There is nothing materially that distinguishes these two types, as they are subject to the same piece of legislation.

A rental agreement, then, that is agreed for a week, for instance, clearly is not designed to satisfy a tenant’s need of permanent habitation, but it falls in the category of ‘purposes other than’ longer term habitation. Either way, the law protects your activities as a landlord and allows you to rent out your asset for any period of time without it being necessarily classed as a touristic rental.

After this general, Spain-wide law, there came a regional touristic-regulatory law. This very badly drafted piece of legislation does not, and cannot, affect the general tenancy act. What this law does, is to ban ‘touristic rentals’ UNLESS a license has been applied for and obtained. Basically, only semi detached or detached houses, where certain services* are provided, can be subject to a touristic license. This naturally means that you can always rent out touristically your house or semi, yet not your flat. The latter, you can only rent out non-touristically.

So we come now full circle: do you own a semi or a detached house? Then you can have the choice of renting out your property either as a touristic rental, by obtaining a license, COMPULSORY provision of services and charging your clients VAT, OR you can rent out your property, without a license, therefore without providing ANY kind of service, and therefore without charging VAT. In this second case, the rental will be subject to the Tenancy Act. And in either case, the property can be leased for any period of time.

Do you, on the contrary, have a flat that you wish to rent out? No problem. In this case, your leasehold cannot be a touristic one, because you cannot get a license to rent an apartment TOURISTICALLY. You can, however, rent it out NON TOURISTICALLY, for any period of time, by NOT offering and NOT providing any kind of services. Again, your rental agreement will be one subject to the Tenancy Act, which, as we know, allows you to rent out your property for any term of time.

Thus, without a license, you must rent out your house or your flat (for which you can never get a touristic license) in a non-touristic way. So what does this imply, and how can you prove that it is a non-touristic rental?

Tourism inspectors will assume, because you are renting out your property for short terms, because it is in summer, and because Mallorca receives millions of tourists a year, that what you are doing is a touristic rental. Well, you may be renting it out to tourists, but this is just an unfortunate coincidence of words. To dissipate the assumption, you must pay attention to two things, first, to have a contract between you and your tenant that shows, by including some criteria and leaving others out, that you are subjecting your leasehold to the Tenancy Act and which describes what you are doing fulfilling the terms and conditions of the Tenancy Act.

Second, you must pay attention to how you advertise the property. A property advertised as a holiday home where some services are offered may tilt the touristic inspector into regarding your rental as a touristic one and, if you don’t have a license (if a house because you didn’t want to apply for it, and if a flat, because you simply cannot get it), then you will be severely fined. Adverts and contracts must be in harmony with one another and must stay clear of sounding as a touristic rental.

In sum: it is your property, and the law allows you to rent it out to whoever you please, whether a businessperson or a tourist, and for whatever period of time. You just have to use and apply the law appropriately, and you will have a trouble free season.
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  #65  
Old 14-12-2017, 18:27
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I may be wrong but that article is not dated and I have a feeling that it was written before the latest legislation came into force. The minimal rental period of 30 days plus the massive deposit that must be paid and held by a third party in effect knocks short term rentals on the head.
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  #66  
Old 17-12-2017, 13:07
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A couple of questions that flow from the current messy situation -

(1) Apartments that already have the Apartmentos Turisticos reference, with an associated Keys Rating (one example would be Maricel Apts owned & run by Hotel Miramar) are obviously ok for rentals in 2018. Is there an official list, or website access to that info, that enables people to see the names of “all” AT approved apartments in the area ?

(2) Some privately-owned villas and houses have previously been officially licensed for holiday lets (and that licence number must be quoted in adverts). So - similar qn to the above, is there an official list, or website access to that info, that enables people to check on an already licensed villa or house (ie those private properties without an AT Keys rating) ?

Thanks.
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  #67  
Old 17-12-2017, 20:26
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The article written posted by Rockape is no longer valid. The new legislation on rentals etc took effect on the 01/08/17.
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  #68  
Old 09-01-2018, 10:11
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Ultima Hora article (08/01):
Owners of tourist apartments decide to sell their properties
https://ultimahora.es/noticias/local...inmuebles.html

The discussion/comments thread for this article is quite active with over 100 replies.
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  #69  
Old 09-01-2018, 14:56
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I would have loved to have read they comments but I found a few on here.

https://majorcadailybulletin.com/new...ntals-law.html

I have, like many PP lovers, usually booked up for my annual visit by now but owing to the new rental laws, obviously has put a stop to that! Always has been private Apt. rentals for me in the past, so feeling really downhearted by this I decided to search one last time on a well known website to see if there was anything I could book! Well, I was amazed, there were many advertising and looking at availability, many were heavily booked right through 2018. I thought I would enquiry about two that took my fancy, my dates in late Aug/early Sept were still available, everyone else seems to be booking regardless of new laws, why not me! I was sent booking form etc but in the end I could not go through with it....desperately wanted to but took cold feet in case it all goes horribly wrong. Am I a coward or did I make the right decision?

PS I thought the Powers that be were supposed to be scrutinizing these websites!
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  #70  
Old 09-01-2018, 17:01
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Quote:
Originally Posted by favie View Post
I would have loved to have read they comments but I found a few on here.

https://majorcadailybulletin.com/new...ntals-law.html

I have, like many PP lovers, usually booked up for my annual visit by now but owing to the new rental laws, obviously has put a stop to that! Always has been private Apt. rentals for me in the past, so feeling really downhearted by this I decided to search one last time on a well known website to see if there was anything I could book! Well, I was amazed, there were many advertising and looking at availability, many were heavily booked right through 2018. I thought I would enquiry about two that took my fancy, my dates in late Aug/early Sept were still available, everyone else seems to be booking regardless of new laws, why not me! I was sent booking form etc but in the end I could not go through with it....desperately wanted to but took cold feet in case it all goes horribly wrong. Am I a coward or did I make the right decision?

PS I thought the Powers that be were supposed to be scrutinizing these websites!
Any chance you could tell us this website favie? Friends of ours are struggling.
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  #71  
Old Yesterday, 11:33
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Sparky, you may well be interested in an article featured in the Ultima Hora today on pages 16 and 17, I am sure that it will be of interest to a lot of people here regarding apartment rentals. Have a look at it and see what you think.
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  #72  
Old Yesterday, 13:32
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I'm assuming that you may be referring to the article here https://ultimahora.es/noticias/local...saturadas.html which refers to the suggested zoning for tourist rentals? There's a map that can be downloaded showing the provisional 'zoning' of interior and coastal areas.
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  #73  
Old Yesterday, 14:01
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Also reported here :- https://majorcadailybulletin.com/new...y-rentals.html .
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