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Go Back   Pollensa Forum > LIVING & WORKING IN POLLENSA > Living & Working in the Pollensa Area

Living & Working in the Pollensa Area This forum is for any comments, questions and advice about living (permanently or temporarily) and working in the Pollensa area. Aimed at ex-pats, property owners etc.

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  #76  
Old 07-07-2017, 13:37
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I would have thought it might take months for this to work itself out, nothing happens overnight in Spain as we know, I am not worried about my 2 weeks in September
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  #77  
Old 07-07-2017, 13:52
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The new law has not been passed yet and i understand that Madrid might not accept all of it. Meanwhile this is a rough translation from todays UH online, the original can be read here :- https://ultimahora.es/noticias/local...turistico.html.

Quote:
The Govern appeals to the responsibility for the approval of the law of tourist rental.


The Government spokeswoman, Pilar Costa , has called on the parliamentary groups "to call for accountability" in order to reach the widest possible consensus in order to pass the tourism rental regulation law , following the threat of We may not vote for favor.

"The Government has no intention of withdrawing the law, on the contrary, it has defended from the outset that a law is needed to regulate an activity that exists, such as holiday rental ", Costa insisted when asked about the issue in the Press conference of the Council of Government.

Costa has opened the possibility to "rethink" some of the more restrictive measures, such as "the possibility of limitation of housing that can be leased by one owner".

The objective is that We can not vote together with the PP against the law, which is expected to be approved initially in the extraordinary plenary on July 18.

According to Costa, the objective is to approve it in July , when two plenary sessions (July 18 and 24) will be held and hope to be able to make progress in the negotiations and make concessions, even on the day of voting for the law.

The Government considers that parliamentary and political groups should make "an effort" to have "maximum agreement" on a "fundamental issue", although it is aware that "there will be no 100% agreement".

To this end, the different political groups currently negotiate the law in papers and commissions,
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  #78  
Old 07-07-2017, 19:34
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HI Spaky
Am I right or not the new law will look like the posting below I copied from another site.


Quote:
New Holiday Rental Law In The Balearic Islands

DECEMBER 20, 2016
Many apartment rentals will be forced to leave Airbnb. In order to regulate the situation of holiday rentals in Mallorca, a bill has been submitted that could enter into force by next April 2017.

According to the new regulations, landlords would have to pay about 600 – 1000€ per tourist (not per apartment), in addition to fulfilling many other requirements that we explain below:

mallorca-airbnbtax

Requirements to be able to rent a holiday apartment in Balearic Islands:

1. Holiday rentals only in certain areas: The Consell and Cort will define in which areas you can have a tourist flat. It will be determined in which neighbourhoods, streets or towns it is legal to have accommodation for the holiday rental. In addition there will be a maximum number of places according to the zone.

2. Have the permission of the community of neighbours: It will be necessary that the community of neighbours, by simple majority, approve the use of the apartment as vacation rental. On the contrary, renting buildings with multi-family dwellings is now prohibited.
Another novelty is that the accommodation must have a seniority of more than 10 years and a habitability certificate.

3. Guarantee of a minimum quality: The apartments must offer the minimum benefits of other holiday accommodation, for example without any architectural barriers. It is even possible that flats without a lift may be excluded from holiday rentals. In addition they will have to offer a cleaning service, 24 hour telephone calls, to have an individual water meter, equipped kitchen, to be insured and to have the certificate stated they are energy efficient.

4. Pay per tourist place. Each square that is regularised will cost between 600 and 1000 euros. But beware, that by tourist we do not refer to the how many rooms there are, but to how many tourists can stay in the flat. So, a 3 bedroom apartment with 6 beds would pay between 3000 and 6000 euros.
I take it this will also be a requirement for villas etc.
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Last edited by Sparky; 08-07-2017 at 10:02. Reason: Quotes inserted.
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  #79  
Old 08-07-2017, 09:41
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At those sort of tax levels it would be uneconomic to rent out thus resulting in a loss of potential millions in revenue, a shortage of available lets and a big increase in rental prices!
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  #80  
Old 08-07-2017, 09:56
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Quote:
Originally Posted by rebel View Post
HI Spaky
Am I right or not the new law will look like the posting below I copied from another site.


Quote:
New Holiday Rental Law In The Balearic Islands

DECEMBER 20, 2016
Many apartment rentals will be forced to leave Airbnb. In order to regulate the situation of holiday rentals in Mallorca, a bill has been submitted that could enter into force by next April 2017.

According to the new regulations, landlords would have to pay about 600 – 1000€ per tourist (not per apartment), in addition to fulfilling many other requirements that we explain below:

mallorca-airbnbtax

Requirements to be able to rent a holiday apartment in Balearic Islands:

1. Holiday rentals only in certain areas: The Consell and Cort will define in which areas you can have a tourist flat. It will be determined in which neighbourhoods, streets or towns it is legal to have accommodation for the holiday rental. In addition there will be a maximum number of places according to the zone.

2. Have the permission of the community of neighbours: It will be necessary that the community of neighbours, by simple majority, approve the use of the apartment as vacation rental. On the contrary, renting buildings with multi-family dwellings is now prohibited.
Another novelty is that the accommodation must have a seniority of more than 10 years and a habitability certificate.

3. Guarantee of a minimum quality: The apartments must offer the minimum benefits of other holiday accommodation, for example without any architectural barriers. It is even possible that flats without a lift may be excluded from holiday rentals. In addition they will have to offer a cleaning service, 24 hour telephone calls, to have an individual water meter, equipped kitchen, to be insured and to have the certificate stated they are energy efficient.

4. Pay per tourist place. Each square that is regularised will cost between 600 and 1000 euros. But beware, that by tourist we do not refer to the how many rooms there are, but to how many tourists can stay in the flat. So, a 3 bedroom apartment with 6 beds would pay between 3000 and 6000 euros.
I take it this will also be a requirement for villas etc.
Rebel
I think we all need to wait and see, as i have said before the law has not been passed yet and i see the article you have quoted is from December 2016, things have probably changed.
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Last edited by Sparky; 08-07-2017 at 10:03.
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  #81  
Old 19-07-2017, 10:21
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The latest news from the MDB is :-

Quote:
Holiday rentals' bill approved but apartments are still in limbo.

The Balearic parliament has approved the government's holiday rentals' legislation, but the last-minute interventions of Podemos have meant that apartments are, by and large, still subject to the 2012 tourism law.
**************
However, the legislation does make provision for the holiday rental of an "habitual dwelling" for a maximum of sixty days a year. This applies to apartments and indeed to houses. But these habitual dwellings would still be subject to the zoning. If they fall outside a zone, then the provision won't apply.

Tourism minister Biel Barceló said that there is now a twelve-month moratorium on new licences for holiday rentals. Essentially, the island councils and town halls have been given four more months to determine the zones than had been previously envisaged.
**************
Owners of holiday rentals (villas, houses) which are already licensed will be unaffected by the legislation, and they will include owners with properties which might eventually not be in zones for holiday rental.

The approval yesterday is certainly not the last word. There will now be "developments" of the legislation. An example is the age of a property that can be rented. Podemos want this to be increased to ten years; the government has stipulated five. There is also the possibility of something more definite emerging regarding apartments. Speaking after the debate and vote, Barceló alluded to there being later regulatory development.
The full story can be read here :- https://majorcadailybulletin.com/new...ill-limbo.html
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  #82  
Old 19-07-2017, 14:56
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Quote:
Originally Posted by sparky View Post
The latest news from the MDB is :-

Holiday rentals' bill approved but apartments are still in limbo.

The Balearic parliament has approved the government's holiday rentals' legislation, but the last-minute interventions of Podemos have meant that apartments are, by and large, still subject to the 2012 tourism law.
**************
However, the legislation does make provision for the holiday rental of an "habitual dwelling" for a maximum of sixty days a year. This applies to apartments and indeed to houses. But these habitual dwellings would still be subject to the zoning. If they fall outside a zone, then the provision won't apply.

Tourism minister Biel Barceló said that there is now a twelve-month moratorium on new licences for holiday rentals. Essentially, the island councils and town halls have been given four more months to determine the zones than had been previously envisaged.
**************
Owners of holiday rentals (villas, houses) which are already licensed will be unaffected by the legislation, and they will include owners with properties which might eventually not be in zones for holiday rental.

The approval yesterday is certainly not the last word. There will now be "developments" of the legislation. An example is the age of a property that can be rented. Podemos want this to be increased to ten years; the government has stipulated five. There is also the possibility of something more definite emerging regarding apartments. Speaking after the debate and vote, Barceló alluded to there being later regulatory development.


The full story can be read here :- https://majorcadailybulletin.com/new...ill-limbo.html
Well...That's Sorted!! Clear as mud
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  #83  
Old 19-07-2017, 15:54
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Quote:
Originally Posted by El Gordo View Post
Well...That's Sorted!! Clear as mud
Yes, exactly what i thought .
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  #84  
Old 20-07-2017, 22:43
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Found this posted on a facebook group. Sounds serious.

I think this is what we should be turning our attention to....very serious and damaging for Puerto Pollensa in particular. (copy of part of an email). I posted some information yesterday on my webpage in spanish but this is the bottom line folks! And at the moment all tourist licences have been put on hold for 12 months I understand.
Yesterday the regional government of the Balearic Islands passed a law affecting holiday rentals offered in apartments.
There is some confusion regarding the scope and application of the law, but it seems that the law establishes that it will not be allowed to publish apartments in tourist channels without tourist license. The fines for renting without tourist license can amount to 40,000 euros for owners and up to 400,000 euros for Agencies and portals such as Airbnb.
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  #85  
Old 21-07-2017, 08:31
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Has anyone thought of the effect of this on property prices? It could be catastrophic, as a lot of people buy property using rental income as a subsidy.

No rental, no purchase and a plunge in property prices.

It could be serious for existing owners.
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  #86  
Old 21-07-2017, 09:17
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Yes - those unlicenced owners who rely on the income to cover mortgages will possibly have to sell which will cause a glut of properties on the market (good for the estate agents) pushing values down in the short term.

Also think about the effects on local economies, etc...
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  #87  
Old 21-07-2017, 10:50
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This is such a ridiculous situation and as said the whole of the island depends on the holiday maker. I wonder if guests might be fined for staying in a property without a licence? How the heck is this going to be policed? I think many an apartment will come on the market for sale but Pollensa and indeed Mallorca generally is a place many wish to holiday. I don't think that will change. I also think that buyers will continue to buy for all the same reasons as before but will look at villas where a licence will hopefully be easier to obtain. I did hear somewhere though that they will not entertain new applications for the next 12 months. Thank goodness we have one in application.
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  #88  
Old 21-07-2017, 12:47
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I think it might deter potential buyers too, pushing prices down.
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  #89  
Old 21-07-2017, 16:55
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Quote:
Originally Posted by Tomir View Post
.............
...........The fines for renting without tourist license can amount to 40,000 euros for owners..................
This is not new, the actual fines that I am aware of have been negotiated down below 5000euros!! Maybe they will be stricter in the future

Quote:
Originally Posted by Tomir View Post
.............
...........The fines for renting without tourist license can amount to ....................400,000 euros for Agencies and portals such as Airbnb.
This is NEW and will be a huge concern for those smaller sites who cannot afford to fight the authorities!!

Lets wait and see...
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  #90  
Old 21-07-2017, 21:12
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El Gordo, I agree with your advice to "wait and See". They have apparently got the wording wrong in the new law and so need to rewrite and then re vote. Pollensa council will also have a say. I think this battle is far from over.
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