The tourism ministry has apparently been inundated with calls wanting information as to how properties can be "regularised" for holiday rental. These calls have been coming despite the fact that since the end of July, when the rentals' legislation was published, it has been impossible to register any property. No new licences will be given until the moratorium is lifted, which will be around July next year, after the island councils have finished their rentals' zoning procedures.
Websites that advertise holiday rentals have been informing advertisers that they must provide a ministry's registration licence (DRIAT, meaning declaration of responsibility for a touristic activity, something that applies to a range of tourism services). The ministry believes that it is this which has provoked the number of calls it has been receiving. In addition, there is the possibility of being fined.
HomeAway has more properties in the Balearics than other websites. Joseba Cortázar, the manager for southern Europe, says that there has been an email campaign to inform all owners about the legislation and that a field has been created on the website for entering the registration number. In a statement he adds: "The company is committed to legality and transparency and will scrupulously comply with the law by diligently removing content that is not in line with said legality when effective notification is received from a competent public administration as provided under Law 34/2002 on services of the information society and electronic commerce."
This statement, however, seems to confirm the stance of both HomeAway and Airbnb that they are intermediaries subject to legislation for technological processes. It was the difficulty that a Catalonian court had in distinguishing between an accommodation service and a technological process that led it to rule against the Catalonian government when it imposed a 30,000 euro fine on Airbnb.
Booking.com has sent out an email informing advertisers that they must supply the licence number by 6 September. If not, then the advert will be taken down. Airbnb has emailed advertisers and criticised the legislation for being complicated and confusing.
Websites, as has been well publicised, could face fines of up to 400,000 euros for non-compliance.
Meanwhile, all licences that have been issued over the years - for villas and houses - remain totally unaffected by the legislation. Under the holiday rentals' law their situation is unaltered.
11 comments
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Can someone please supply me with the phone number or email address of the government Touristic dept that issues the licences for holiday rentals. I know there's a block until July but as I've now been waiting 2 years for approval of mine, which was in way before the suspension of all new tourist licences. I need to know where I might stand in July. If you any direct contacts, especially with an English speaking member of staff that would be fantastic ! Thanks in advance
I live in a small apartment block. There is only one person whom rents, despite each year everyone at the meeting saying no to renting. This is because the agents sold the apartment to rent and the person buying wants the money. I do not believe the agents told the buyer that there were legal obligations to renting the apartment. I do not want the present 12 persons arriving each day in my pool area because "it is better than their pool". However, I have no say. Clive r I am with you.
I really don't get this? People moan about not renting their properties out, but yet many many people were renting (and still continue to do so) not declare any tax or income on it etc. The government know that and have put a stop to it. How many people that rent their flats out have lived a summer next to a rental when you try to go to work but for the weekly new arrivals every night is party night? I hope it's banned as tourists should Be in hotels not in residential streets where the workers are trying to live their lives and enjoy some peace in their own home. I would never have bought a house next to a hotel so why should the properties next door be allowed to be turned into one. The truth of the downturn is the fall in the pound and the fact there are better and cheaper places to go.
And what happens with the winter tourism which the government are keen to push when the hotels close and a couple don't want to rent a large house.
Without à licence you can not rent an apartment even if you have a document saying you have applied Añd they can not be advertised on web sitesThat is how it is. The authorities have no idea how to handle this on going situationOwners need be careful.because they will be finèd
Palma Nova - where are the tourists? Today driving through twice it looked as quiet as late October.
Got to have a licence but you can't get a licence what a nightmare think next year is going to finish this place off ! What we need is simple quick way to to licence apartments and villas so we can all carry on earning money and paying wages reducing the unemployment levels simple ! Does this government not think about the people that need work here !
That is the final nail in Majorca's coffin,all you will be left with is the all-inclusives,whose clients spend very little outside the hotel so most of the bars,cafes,restaurants,souvenir shops, trip agencies,water parks et al will simply cease to exist and what sort of Island will it be then? Those who prefer to rent private accommodation,and from your own poll alone that is almost 40%,will go elsewhere where they can do so and your poll only represents those who read your newspaper either in print or on line,the true figure of those who prefer to rent privately rather than stay in hotels could be much higher.
I agree that there should be control on those 'agents' that are marketing hundreds of properties on those internet sites. But I feel so sorry for the poor families who have, over the years, built up their own little mini business encouraging tourists from all over to enjoy what Mallorca has to offer, earning not much more than what it costs them, so they can get through the month. Of course, their liability (if any) to the Hacienda is their problem, but now they are being hounded and controlled by the policies of this stupid government. Many of those owners are the ones who should be thanked and rewarded for their efforts encouraging tourists and not punished with threatened fines. Everything here is so biased in favour of the hoteliers. Don't they realise that the majority of families which come here will never ever stay for a week or two in a hotel.?
Mallorca government put pressure on all holiday rental websites to chase property owners for rental license numbers. I have just received an email from Tripadvisor. I am a property manager for several rental properties. The issue is that even though I have applied for rental license for all the properties, it takes up to 3 years (or more) for the application to be processed and for the owner to receive a proper rental license number which he can then put on the website. In the meantime the only thing property owners have is an a application document stamped by the office and a document confirming the owner paid for the application. According to the local law, once the office stamps the application the property owner is allowed to legally rent the property on the basis he signed the application in good faith and everything is fine with the property. I have recently met property owners who have applied for rental license in 2011 and still haven't received the number. This is how long it takes for the government to process applications. In the meantime, when an inspector shows up at the property, the only thing we need to do is to show them the above mentioned documents. What I am interested in is to have someone investigate it as it seems that the government has missed this very important issue - majority of property owners DO NOT HAVE rental license numbers as they simply have not yet received it and some will have to wait years before they get one.