How the decree against tourism of excess affects those who sell housing for tourist rental

In Illeslex Abogados, as experts in tourism law, we promptly follow not only the legislative and regulatory changes that affect the sector, but the current events that it generates constantly. And there are numerous news and images that we encounter each summer related to the untiring behavior of young tourists in certain areas of the Balearic Islands. Year after year news of drunkenness, destruction of urban furniture, exploitation and sexual abuse, fighting, as well as young people killed or injured appear mainly in the media due to the practice of balconing. These images have contributed to creating insecurity among the citizens of these areas, as well as reducing the quality of tourism.

Therefore, the Government of the Balearic Islands has approved  the Decree Law 1/2020 against excess tourism, which entered into force on January 23, 2020, in order to address the problems caused by these behaviors.

It should be noted that the application of the decree is limited to specific areas of Playa de Palma, Calvià, Llucmajor and Sant Antoni de Portmany and may be applied to any natural or legal person.

Focusing on how these measures affect tourist accommodation and tourist marketing housing, Article 3 establishes that the life, health and physical integrity practices of the clients of these establishments are prohibited.

Dangerous practices will be considered, among others, moving from one balcony or window to another, or launching or precipitating from places not suitable for swimming pools, vacuum or any element (the so-called balconying). Non-compliance of this prohibition will result in the expulsion of the establishment immediately, regardless of the penalties that may be imposed, which may be between 6.001 and 60.000 Euros. This expulsion must be ordered by the address of the establishment or the marketer of the home, which will require, if necessary, the collaboration of the security forces and bodies.

Likewise, it will be the obligation of the tourist accommodation companies and the commercialization companies of tourist stays in homes to inform clients clearly and expressly and of which it is recorded the prohibitions established above, as well as the sanctions and the obligation of Immediate expulsion if these practices are carried out.

On the other hand, these establishments can only market the rooms for whole days, being prohibited the marketing of the rooms for hours and incurring serious breach of their non-compliance.

During the next five years, validity that has been established for this new Decree law, we will see if with these measures a sustainable, responsible and quality tourism model is achieved, in addition to greater security for the citizens of our islands.

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