The Spanish central government has now filed a lawsuit against the decree that limits or completely bans the tourist rental of private boats on Mallorca and the neighbouring islands - often referred to as "nautical Airbnb". Madrid sees this as an encroachment on state powers, while the Balearic government insists on its own rules. From 1 January 2026, a state law will allow boat owners throughout Spain to rent out their leisure boats to tourists for up to three months a year. The measure was announced in July and came into force at the turn of the year. The conflict particularly affects Mallorca, where leisure boats, charter tourism and scarce moorings are already causing tensions and criticism of the overuse of coastal waters for tourism is on the rise.
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Is Mallorca exceeding its jurisdiction?
As long as no court issues an injunction, the Balearic government will continue to insist on its own decree to regulate the charter industry. This requires, among other things, a so-called "responsible declaration" to the authorities as well as specified places for charter guests to board and disembark. The state government is also warning private hire companies: Anyone who rents out their boat to holidaymakers without the appropriate permit and licence risks losing their berth in public harbours. However, this is a controversial legal issue. Many marinas and yacht clubs on Mallorca are not under the control of the state harbour authority, but rather the state harbour authority or private concessionaires. In addition, charter licences are issued by the central government. Madrid therefore argues that the Balearic Islands are exceeding their competences.
Toni Mercant, the Balearic Islands' head of leisure boating, accuses the central government of favouring private business interests. Specifically, he names the platform listaseptima.comSpain's leading provider of "nautical Airbnb". The model transfers the holiday rental of flats to the sea and opens the door to speculation with public space. According to Mercant, there is no need for additional rental boats on the Balearic Islands. Safety and environmental aspects also play a key role. The regional government fears more traffic at sea, higher accident risks and greater pressure on sensitive coastal and anchorage areas around the archipelago.
Professional charter companies support state government
The state government has the backing of the professional charter industry. Association president Pedro Gil warns of daily mass movements on the water: many boats would leave in the morning and return in the evening at the same time. This leads to chaos in harbours, when anchoring and at petrol stations. The association also complains about unfair competition from inexperienced providers. Gil is calling for mandatory professional certification for all landlords and warns of rising berth prices and falling charter rates. In the long term, this would harm the entire sector.
In addition to the lawsuit filed by the central government, there is also a separate lawsuit filed by listaseptima.com against the Balearic decree. A court has not yet issued an injunction. The Balearic government has announced that it will defend its position - until a judge decides otherwise.
New driving licence requirement for small boats
In parallel to the regulations for rental, the state maritime authority had tightened the licence requirements for smaller boats. Previously, small inflatable boats with an engine power of up to 15 hp could also be rented out to holidaymakers on Mallorca without any proof of competence. This has been over since last October. The measure mainly affects the hire of small motorboats to tourists who want to explore bays and beaches.
Boats must be clearly labelled with the letters "CT" on both bow sides during commercial use. This regulation is intended to facilitate inspections by the Guardia Civil, which checks at least once a year whether a valid charter contract is present for each trip.
Moorings are a scarce commodity on Mallorca
A central point of contention in the dispute is the shortage of berths on the Balearic Islands. Ports IB, the public management company of the autonomous harbours on the Balearic Islands, has 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 berths for private individuals. In addition, harbour operators have been asked to submit a detailed report on the use of their facilities within ten days. Balearic Prime Minister Marga Prohens emphasised the existing congestion in coastal areas and the acute shortage of moorings. In view of the more than 7,000 applications for harbour berths, double use of the limited resources is not possible.
