"Airbnb on the water": Mallorca puts the brakes on Madrid
Also on 15 August, the new decree of the Ministry of Transport, which regulates the conditions for the so-called "mixed use" of pleasure boats, comes into force in the rest of Spain. Pending its entry into force, the government published a notice on 22 July in the Official State Gazette (Boletín Oficial del Estado, BOE) published transitional provisions according to which private letting for accommodation purposes is permitted with immediate effect.
The Spanish central government's regulation known as "Airbnb on the water" has caused an uproar on Mallorca, as the Madrid government under Prime Minister Pedro Sánchez overrode the objections of the regional governments. Following massive protests from politicians, charter companies and environmentalists on the Balearic Islands, Sánchez partially relented and promised an exception for the archipelago - but only from the coming season. This is too late for Balearic Prime Minister Marga Prohens. She emphasises the existing congestion in coastal areas and the acute shortage of berths. In view of the more than 7,000 applications for harbour berths, it is not possible to make double use of the limited resources.
Restriction to commercial vessels and stricter controls
The new regulation from the Balearic Islands government now restricts hire to commercial vessels. In addition, the commercial use of boats will in future only be permitted in areas expressly authorised for this purpose.
Anyone who buys a boat in Mallorca must decide on a specific type of use when registering. For private use, the yacht must be registered in list 7a; the yacht may then only be used for personal trips and may not be temporarily converted for commercial use, as provided for by national law. List 6a is available for commercial use. Boats on this list must have a charter contract for every trip. The Guardia Civil checks this consistently, at least once a year.
Ports IB, the public management company of the autonomous harbours on the Balearic Islands, has also already taken concrete steps. The company itself is responsible for around 50 public berths and manages some of the Balearic harbours itself. However, the majority are in private hands: concessionaires operate marinas, harbour spaces are scarce, expensive and highly coveted. Anchoring is correspondingly frequent - even where it is not permitted. Ports IB has now passed a resolution prohibiting the commercial use of moorings for private individuals. In addition, harbour operators have been asked to submit a detailed report on the use of their facilities within ten days.
High hurdles for private landlords throughout Spain
The private hire of boats for tourist purposes is also subject to high hurdles in the other parts of the country. Firstly, boat owners must fulfil requirements that involve high investment costs. These include the mandatory "Itb" boat inspection, liability and comprehensive insurance as well as an extensive list of life-saving equipment such as standardised life jackets, sound signals and flares. Owners must also present valid certificates and a positive report from a certified inspection centre. Once these requirements have been met, boats on the 7a list may only be hired out commercially for three months of the year. This period must be consecutive; owners may not use the boat privately during this time.
The rental itself may not be carried out directly by the owner, but must be handled by a charter company. A commission is payable for this. The income must also be taxed. Without a charter company in the background, the customer must hire a professional skipper and crew themselves. The owner himself may not provide any services on board unless he has a certificate of competence. The boats must be clearly labelled with the letters "CT" on both bow sides during commercial use.
No further boat boom on the Balearic Islands
The high costs and stricter regulations could contribute to the new rental model not becoming a big hit in Spain. Nevertheless, the Balearic Islands saw the dangerous potential for sea congestion, especially after the charter boom since the coronavirus pandemic. The main concern was that boat owners from other parts of Spain could rent out their boats without having a permanent mooring on the islands - with a corresponding attraction for imitators. The regional government, on the other hand, sees its decision in favour of a ban as a model for sustainable management of the coastal areas and the prevention of state decisions that, in the opinion of the island government, do not correspond to the reality on the ground.
