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The suspension of the possibility of acquiring new tourist places for establishments located on the islands of Mallorca, Ibiza and Formentera.

On 11 February 2022, Decree Law 3/2022, of 11 February, on urgent measures for the sustainability and circularity of tourism in the Balearic Islands, was unexpectedly and surprisingly published in the Official Gazette of the Balearic Islands (BOIB).

This regulation introduces a series of amendments to Law 8/2012 of 19 July on Tourism in the Balearic Islands, amendments that aim to implement a new tourism model based on what has come to be known as "circularity".

Leaving aside these modifications to various precepts of Law 8/2012 on Tourism, without doubt the most controversial measure, and the one that has had the greatest impact in the short term, has been the immediate suspension of the possibility of acquiring new tourist places for all tourist establishments (of whatever type) located in the territory of the Balearic Islands. This translates into a de facto ban on the acquisition of new tourist places, either for the opening of new establishments or to increase the capacity of existing accommodation.

Specifically, according to the first additional provision of the Decree-Law, from the day of its publication (11 February 2022), the possibility of acquiring tourist places on the islands of Mallorca, Ibiza and Formentera is temporarily suspended, as is the possibility of exchanging places between private individuals, either to start a tourist activity or to expand it.

As mentioned above, this is a temporary measure, which will remain in force until the tourist area intervention plans (PIAT) or, if there are none, the island territorial plans (PTI) assess or reassess the tourist carrying capacity of the respective island in order to determine the total number of tourist places that can be marketed, with a maximum period of four years from the publication of the Decree-Law in question.

If this period has elapsed and this evaluation or reevaluation has not been carried out, the vacancies existing in the employment exchanges at the entry into force of the Decree-Law will be considered to have been extinguished.

However, this suspension is not absolute, as the text of the Decree provides for certain exceptions. Thus, the suspension will not affect tourist accommodation establishments (all except for dwellings) for which, prior to the entry into force of the Decree-Law:

 

a)Works are being carried out for the opening or extension of the establishment.

b)An application is being processed for an urban development building permit or a declaration of responsibility has been submitted to the competent urban development administration for the opening or extension of the establishment.

c)The urban development building permit has been obtained before the entry into force of this Decree-Law and has not expired.

d)The tourism administration or the managing body has made a reservation of the places available, in accordance with the regulations in force.

e)An application is being processed before the tourism administration  or the managing body or is in the process of being amended.

f) In the case of rural tourism, they have initiated the procedure for the declaration of the general interest of the activity, before the competent body of the Island Council, or they are in the process of amendment.

g) The development of a Unit of Action, provided that they have been transferred in advance to the public administration.

 

This suspension shall also not affect properties subject to tourist commercialisation, in respect of which, prior to the entry into force of this Decree-Law:

a)An application for places is being processed before the tourism administration or the managing body, or they are in the process of being rectified.

b) A provisional acquisition of places has been carried out and they renew them, in accordance with the regulations in force.

 

We can see, therefore, that, in relation to tourist properties and in relation to other tourist accommodation establishments, the exceptions provided for are considerably fewer. Thus, according to the literal wording of the Decree, all tourist properties will be affected by the suspension if, prior to the entry into force of the Decree, the corresponding certificate certifying that the property is located in a suitable area has been requested from the respective Town Hall. At this point, the debate arises as to whether the request/obtaining of this certificate, which is essential to be able to proceed with the purchase of places, should be understood as part of the procedure for the purchase of places and, therefore, for the registration of the property in the Tourist Register.

Finally, although some doubts have arisen in this regard, it should be noted that the suspension will not affect changes in ownership of property or establishments that are transferred, either inter vivos or mortis causa, and these changes will be permitted during the entire period in which the suspension remains in force.

 

Jaime López  |  Abogado Illeslex

Javier Blas Guasp  |  Socio Director
 

 

For further information on the contents of this document, please contact ILLESLEX at info@illeslex.com.

©2022 ILLESLEX | All rights reserved. | This document is a compilation of legal information prepared by ILLESLEX. The information or comments contained herein do not constitute legal advice. The intellectual property rights of this document are owned by ILLESLEX. No part of this document may be reproduced in any medium whatsoever, nor may it be distributed, transferred or used in any other way, either in its entirety or in excerpted form, without the prior permission of ILLESLEX.

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