Madrid & Mallorca to regulate Holiday Rentals with Suitability Certificates & Zoning

The new certificates will oblige owners to state clearly where they advertise and to inform the police who stays in their property. In Mallorca, landlords whose properties are part of multi-occupancy apartment blocks will now be able to let for at least 60 days in any one year. Zoning and limits on duration are two of the most notable measures the Balearics are introducing to eliminate unsuitable holiday accommodation.

In Madrid, changes to the current law dating from 2014 were outlined by Jaime de los Santos, regional minister for Culture, Tourism and Sport, at a recent parliamentary session. "The current law doesn’t provide all the solutions to the new requirements in the sector," the regional minister said.

The new legislation kicks off with the creation of a suitability certificate for holiday lets and the definition of holiday accommodation advertising channels. They will now become subject to tourism regulations introduced in 1999 that allow for fines of between €3,000 and €300,000 for landlords advertising their properties without a permit.

Owners of holiday lets are now also subject to new obligations that aim to improve quality in tourism and national security, such as giving the police information about people staying in holiday apartments and villas.

"The Constitutional Court has allowed for regional authorities to impose this obligation even though national security is the responsibility of the central government," explained De los Santos. He added that "owners must also take out public liability insurance, have complaint forms available to guests and provide heating in the property that works. There’s also a set ratio of people per square metre to avoid overcrowding in a small space."

Owners must also equip their holiday lets with welcome packs that contain information on emergency telephone numbers, a procedure put in place for evacuation both from the property itself and the apartment complex or block of flats. The regional minster also stressed that guests should be aware of their civic obligations, such as keeping the noise down and not littering the environment.

Investors looking to buy Mallorca real estate with a view to letting their properties to tourists should bear in mind that from now on local councils will start to "zone" their areas. What does that mean? Broadly speaking, Palma de Mallorca and coastal areas such as Palmanova and Magaluf for example, where already a sufficient number of beds is being provided by hotels, guesthouses and B&Bs, will be zoned for 60-day lets in any one year only. In town and village centres inland this will also be the case.

In areas where few other options exist for tourists, owners of holiday accommodation will be able to let 365 days of the year, provided they obtain a permit to do so and adhere to similar rules as outlined by the regional minister for Madrid.