If you own any type of property in Mallorca and want to rent it out to tourists and holidaymakers at any period during the year, it’s going to be tough from now on.
The regional government has prepared a draft law on the subject which forms part of the Tourist Law, which governs this type of property rental.
One of the most noteworthy clauses is that for any type of tourist property rental involving a chalet or single family home, the owner must have the permission of his immediate neighbours if he wants to let it out to holidaymakers. If he doesn’t, he won’t be able to proceed with the venture.
If this is an activity that as a property owner on the island of Mallorca you are considering, the draft law states that you must show up at the corresponding regional ministry office with a signed declaration from your neighbours that demonstrates their approval of your proposal. Without this, the activity will be considered illegal.
So, in effect, your business of renting out your property to tourists is in the hands of your neighbours – completely.
Nevertheless, this isn’t the only eyebrow-raising clause in the draft law. Article 105 states that to rent out a detached or semi-detached single family home, the property must have been built before 1960. In other words, only chalets that are more than 54 years old can be rented out so long as the neighbour allows you to.
Without this consent, your property will no longer be classified as a holiday-rental home and will be removed from the register.
Regarding bungalows within a community, the owner must check that there are no clauses in the community regulations that oppose the rental to tourists.
Renting your apartment through a normal estate agency is fine and is allowed under the Urban Rental Law. However, renting your apartment on a holiday property rental website for a matter of days is considered illegal. This type of rental for days or a few weeks is not authorized and government officials are cracking down on this illegal activity by carrying out more inspections than before.
This type of letting to holidaymakers and tourists has been a subject of much speculation and confusing over the last few years, particularly as the government is trying to crack down on illegal holiday rentals. This is so not only on Mallorca, but in other tourist regions of the country as well.
The above law only affects those properties that have a licence to rent out their home as a holiday let and which have the correct facilities and insurances to do so. They are generally villas, fincas and detached chalets.
The way in which people are getting caught out – usually unaware of the law – is by letting out their apartment or villa for days, weeks or months, which is perfectly legal under the Tenancy Law, but they are advertising the property on a tourist website – which is not legal. This is the difference.
If you want to rent out your property to holidaymakers for a few days at a time, just make sure that you do not use a holiday letting website.