Types of residencies authorized for vacation rental:

–Single-family detached home, the sole residence in the plot or lot, and detached in the sense that it has no contiguous residence.

–Single-family attached home, which shares a common party wall with another residence, as long as it’s the only dwelling in the plot.

–Single-family row house: are those which are located within a single plot under the horizontal property regime, or when there are single-family homes on different plots attached to the common party wall that separates them.

–In case there is more than one unique dwelling in a plot, the existence of an analogy can be considered, which are the cases for which there are two or more dwellings within one unique plot, and choose to obtain the corresponding license.

Independent homes will not be considered to be detached when they are located within multi-family or attached constructions which are under the horizontal property regime, and it is therefore forbidden to commercialize tourist accommodations in this type of building.

– The maximum number of allowed bedrooms/guests for rental is a total of six bedrooms and 12 guests

– Besides the 12 guest limit, there must be one bathroom every three guests

– The rental period for the dwelling cannot exceed two months.

– In order to provide for a more comfortable stay, the following services must be offered either directly or indirectly: periodic house cleaning, bedding, linen, general kitchenware and restocking of all of these items, facility maintenance and customer service during working hours.

– Besides, an insurance policy must be hired for a minimum of 300,000 euros, with a maximum deductible of 600 euros per incident, and which covers civil liabilities for injuries and property damage the users of the dwellings may suffer during their stay.

A set of requirements is set forth that dwellings which are the subject of commercialization of tourist accommodations must comply with when wishing to register on tourism registries in order to perform the activity. These requirements are set forth by Annex 6 of Decree 20/2015 of April 17. (You can download it here)

– Lastly, it is mandatory for all dwellings which are the subject of the commercialization of tourist accommodations to display at a highly visible spot the standardized identification badge showing the marking that corresponds to the group, a model of which can be found within annex 1 of Decree 20/2015 of April 17.

In order to request the Registration of a Dwelling as a tourism activity, either the property owner or a representative can place the request.

Nonetheless, a narrative report indicating the current condition of the building is necessary, which is to be signed by a skilled technician.

This is why, due to the amount of information, documents and reports that are to be properly filed, PMA Studio recommends that skilled professionals handle the formalities.

Leave it in our hands to take care of properly filing all necessary documents, thereby avoiding problems down the road.

In order to register a Dwelling as a Tourism Activity the following documents should be filed:

1. DRIAT :Declaración responsable de inicio de la actividad (Start of activity responsible declaration)

2.1. Narrative report which reflects the current state of the establishment, with the following minimum contents:

1. a) Business name of the dwelling, address, town/city, municipality, zip code, owner along with his NIF/NIE/CIF, operator (single person or entity) with his/its NIF/NIE/CIF. If applicable, address of the place of business, phone number, fax, e-mail and website, if applicable, indicating opening and closing times.
2. b) 24-hour customer service phone.
3. c) Affidavit indicating compliance with the requirements set forth by provisions 49, 50 and 51 of Bill 8/2012 of July 19th.

2.2, Narrative report indicating the current condition of the building signed by a skilled technician, with the following minimum contents:

1. a) Description of the building which includes, at the least, the certification of compliance with the building type parameters and minimum requirements set forth by provision 52 of Bill 8/2012, business name of the dwelling, registration number (if already obtained), address, city/town, municipality, zip code, plot/lot surface, building surface, number of accommodation units, number of guests (allowed by the certificate of occupancy), number of storeys, description of the rooms and dwelling facilities (i.e.: living room, bedrooms and capacity, bathrooms, dining room, kitchen, swimming pool, storage room…) which includes the surface, as well as the group and registration number, if applicable.
2. b) Dwelling floor plans with all the information indicated in the report.

It is also advisable to file a copy of the certificate of occupancy, a copy of the property deed and cadastral map of the property.

3. Model of the renovation plan and ETV quality (plan de modernización y calidad ETV / estancias turísticas vacacionales), properly completed. (Having to comply with at least 71 items)
4. Proof of insurance

5. Identity and representation certification through any legal means.

One of the major issues we face at PMA Studio when requesting the Registration of Properties as Tourism Activities is that the property does not comply with the zoning parameters.

This means that the dwelling has been constructed without a license or an annex or renovation has been carried out without it. If you have doubts regarding your situation, do not hesitate to schedule an appointment with us so we can offer you advice.

The Balearic Tourism Law indicates that control and certification of compliance with the aforementioned law is the responsibility of the competent tourist administration, that enforces it through Tourism Inspection services.

Regarding offences and penalties:

•      It is a major offence to offer the lodging service without complying with the proper requirements or legal conditions set forth for the issuance of the corresponding certification.

●      This offence will be punished by a 40.001€ to 400.000€ fine.

CAIB Website

List of regulations

•     Bill 8/2012 of July 19 regarding Tourism of the Illes Balears.

●      Decree 13/2011 of February 25, which sets forth the general regulations necessary to facilitate the freedom to establish and offer tourist services, control of the responsible declaration, and the simplification of administrative tourism procedures.