The final approval of the intervention plan in the tourism sector tightens the requirements for the marketing of holiday homes in Mallorca

As a law firm specialized in tourism law in Mallorca, we are constantly monitoring all new regulations concerning holiday rentals. The Plan of Intervention in Tourist Areas (PIAT), the first approval of which was published in the Official Gazette of the Balearic Islands (BOIB) No. 93 of 28 July 2018, has been configured as a key instrument for the definitive regulation of tourist rentals in Mallorca.

 

 However, the aforementioned text must be submitted for final approval within a maximum period of two years from the date of publication of its initial approval in the BOIB.

 

Although the final approval of the PIAT was one of the main objectives of the previous legislature, the existing discrepancies in terms of content between the different governing parties, which have been created by the report of the Balearic Environmental Commission, have meant that in the end the necessary consensus has not been reached to achieve the final approval last year, as originally planned.

 

As the deadline indicated is very close, the President of the Consell de Mallorca, Catalina Cladera, has announced in the last few days that the text of the PIAT will be finally adopted during the month of June.

 

This will have a decisive influence on the new "tourist licenses" to be applied for in the real estate sector, as it will mean a tightening of the requirements necessary for the exercise of the activity.

 

The measures for real estate contained in the initial approval of the PIAT, among others, which must be complied with from the entry into force of the PIAT and after its final approval for the registration of tourist holiday rentals are as follows:

 

 

a) Consumption and organization of the water cycle:

• They must be connected to the sewerage network of the area or zone and, if not, cesspools that are homologated and watertight in accordance with current regulations must be available
• They must incorporate flow reduction systems for showers and taps.
• They must incorporate double-flushing systems in the toilets. 
• If an irrigation system for garden areas is available, it must be low-consumption.

 

b) Energy efficiency measures:

•  A minimum energy class B in buildings after 2006 or class C in single-family houses before 2007 must be available. 
• An energy-efficient heating and/or cooling system A++ must be available.
• Insulated single-family homes must achieve at least 70% of hot water production from solar panels or other alternative renewable energy systems in buildings constructed after 2006 or 50% in buildings constructed before 2007. 
• Single-family houses must have a charging station for electric cars or be able to prove the existence of a publicly accessible charging station within a radius of 500 m.  

 

c) Other measures:

• In the case of buildings situated on rustic land, those parts of the land not occupied by the building or other structural elements must be maintained in their natural state or in agricultural, livestock or forestry use.

 

However, in addition to these requirements, others could be introduced in the text of the PIAT which will be definitively approved and which, for the time being, are not known.

 

The tightening of the requirements established in the PIAT, which are in addition to the requirements of Law 8/2012 of 9 July 2002 on Tourism in the Balearic Islands, and those of Decree 20/2015, which develops this law, will have a decisive influence on the new "licenses" that will be applied for in the future, which will considerably limit the possibility of access to the activity of marketing tourist holiday homes for rent throughout the territory of the island of Mallorca since many of these requirements are very difficult to meet in practice.

 

For this reason, it is advisable that all those interested in applying for a tourist "license" for their property start the procedure as soon as possible in order to avoid these new requirements being applied to them.

 

ILLESLEX LAWYERS are at the disposal of the owner who wishes to apply for a tourist "license" for his property.

 

Javier Blas
Jaime López
ILLESLEX

 

 

Para obtener información adicional sobre el contenido de este documento puede dirigirse a  ILLESLEX  en info@illeslex.com

 

 

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