Adaptation to the requirement of energy certification in tourist housing

We talk about tourism law in the Balearic Islands and the adaptation to the requirement of energy certification in tourist housing. The modification of the Tourism Law 8/2012, of July 19, of the Balearic Islands, operated by Law 6/2017, of July 31, supposed a deep alteration of the legal regime until then applicable to the commercialization of tourist stays in housings located in the territory of the Balearic Islands.

 

Although its provisions are only applicable to homes for which the tourist activity began after its entry into force, so that they do not apply retroactively to previous "licenses", the truth is that this general rule has exceptions.

 

 

General rule with exceptions

Specifically, and as far as the energy efficiency certificate is concerned, Law 6/2017 of 31 July, in its second transitional provision, established a transitional period of three years from the entry into force of the same law so that all homes marketed for tourism can achieve the minimum energy certificate determined by Article 50.5 of the Tourism Law 8/2012 of 19 July, in the Balearic Islands, or that which may be required in a regulatory development.

 

Therefore, Law 6/2017 not only introduced among the requirements that must be met by the houses that are marketed for tourism purposes, that of having a minimum energy rating (D or F, as we shall see) but also extended this requirement to each and every one of the houses that were already being marketed, regardless of when they started their activity, although it established an adaptation period of 3 years for the latter, starting on 31 July 2017, the date on which the aforementioned Law came into force.

 

This period will end on July 31, 2020, at which time each and every one of the homes that are sold for tourism must have the minimum qualification required by paragraph 5 of Article 50 of the Tourism Law 8/2012 of the Balearic Islands. At present, according to the aforementioned article, in the absence of regulatory development, the minimum qualifications required are as follows:

 

• Qualification F, for buildings prior to 31/12/2007.
• Qualification D, for buildings after 01/01/2008.

 

 

Consequently, as of 31 July of this year, all homes sold for tourism must comply with the minimum qualification required by law.

The non-compliance of this requirement may lead to the cancellation of the registration of the property in the Tourist Registry with the consequent impossibility of continuing the activity.

 

 

Javier Blas
Jaime López
ILLESLEX

 

 

For additional information on the content of this document, you can contact ILLESLEX at  info@illeslex.com

 

 

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