The effects of "illegal" renting.

[STOXIE]

Do forum members think this is the best advice? We are hoping to come next summer but are nervous about booking.I think I read somewhere that the Council is meeting in September.

 

[eleanor]

IMHO I believe that unless you prepared to stay in a hotel or a purpose built holiday block you are not welcome in Mallorca. My wife and I have rented apartments in PP for over 30 years and dearly love the place, but we don't like staying in hotels or holiday block complexes. We have booked for 4weeks in September/ October 17 and again April/May 18 but I fear that that will be the end of a long love affair with PP, feeling very sad and nostalgic.

It is very sad that you feel you are not welcome unless in a holiday block or hotel. I think the hotel industry has it's own agenda which has been discussed in other posts. Generally I believe that the majority of business and locals which rely on the tourist industry to be very concerned about what is happening. OK we see on line the 'odd' persons holding up anti tourism banners but without tourism where would the likes of Mallorca and Spain be? A little short sighted! I do not agree at all with your statement. I believe tourists are welcome. Most countries stipulate certain criteria to those which rent holiday homes. To obtain a licence involves certain checks and inspections to take place. They do not just hand out a piece of paper. This is to safe guard those staying in rented accommodation too.

There has been so much this year what with the licence problem and scam websites etc. Also remember this is not a unique problem to Mallorca!
Perhaps the way forward would be to rent via a reputable agent who will ensure that the property is to standard including the appropriate licence and will also put out of business most of these fake websites.

The alternative to a hotel or purpose built tourist block of apartments could be a villa. Many villas already have their licence in place and therefore there isn't a problem.

This is an awful situation for those who purchased apartments believing they could rent legally and expecting the letting to pay the mortgage. Many agents did sell on this basis. One site I happened to look at yesterday is still stating an apartment is ideal for those on holiday. A crafty way of misleading!

 

[Rosie34]

Simply put - does all this new legislation mean categorically that there will be no private apartments for short term rent in Pollenca and the port, and that licences will not be granted to owners for short term apartment rentals? And when will this come into effect? Does this mean that we will not be able to rent an apartment ever again? I have tried to keep up with all the various articles but I am a bit 'confused' now!!

As with P&C@29 we dont stay in hotels (for more than a couple of nights) - we love the independence of a villa or apartment and being able to slob about first thing in the morning having breakfast on the balcony or patio. We don't want all inclusive hotels when there are so many great restaurants to choose from. We like to rent a villa in the countryside in the summer long evenings but just love our October stay in the port.

And I don't understand the complaints that 'tourism is destroying Mallorca' - surely tourism is the mainstay of the economy.

We have booked an apartment for this October so just hope that we are allowed to stay there!!! Or are we just in time before being banned?

 

[Tiggy]

And I don't understand the complaints that 'tourism is destroying Mallorca' - surely tourism is the mainstay of the economy.


Simply put ---



Speaking to The Times, one of Arran's leaders, Laura Flores, said further attacks are being planned.
The 24-year-old said: 'Tourism is making the city too expensive to live in as people rent out their flats to tourists and residents are forced out.
'It is forcing people to work in an industry where they are exploited with low wages for long hours.'


Read more: British holidaymakers face fresh anarchist attacks | Daily Mail Online

 

[alcanadakid]

And I don't understand the complaints that 'tourism is destroying Mallorca' - surely tourism is the mainstay of the economy.


Simply put ---



Speaking to The Times, one of Arran's leaders, Laura Flores, said further attacks are being planned.
The 24-year-old said: 'Tourism is making the city too expensive to live in as people rent out their flats to tourists and residents are forced out.
'It is forcing people to work in an industry where they are exploited with low wages for long hours


Read more: British holidaymakers face fresh anarchist attacks | Daily Mail Online

The alternative is therefore no wages and no hours.

 

[KWUK2]

From what I've been reading, I'm becoming increasingly concerned that our upcoming holiday may be our last one in PP.

We've been coming regularly for 26 years, always staying in apartments (usually private).

We definitely don't want a hotel or holiday complex or villa or all-inclusive. We want an apartment in 2018.

I'm another one who is confused by what seems to be happening and I'm also beginning to feel unwelcome in Mallorca.

This year, there will be no ice cream hut (and no Tango); next year it seems there will be no suitable place for us to stay.

PP's restaurants, bars, sunbed hire & car hire etc will notice a significant drop in income if we don't return in 2018.

 

[copper]

Every local person has always made us feel very welcome

Shop owners , supermarket staff , Restaurant staff , Bar owners , beach staff ( my husband has long chats with them now he is learning Spanish ) ! Cant honestly say anyone has ever been unpleasant to us ever so it is certainly not local people wanting this Im sure

We dont want a Villa we like to be in the centre by the beach ( only 2 of us ) but agree with others Hotels are for short visits in our opinion as well

Im sure the problems in Palma are different to PP I do believe in regulated accomodation as one we rented a few years ago was really poor and wouldnt have passed any checks !

I dont have any idea how much accomodation will no longer be available to rent but quite a lot judging by the adverts Ive seen when searching and the local businesses will miss them Im sure as they wont get much from all inclusive Hotels !

 

[Papillon]

MDB 06/08/17

https://majorcadailybulletin.com/ne...m-for-denouncing-illegal-holiday-rentals.html

In Majorca, there are at present 14,800 holiday rental properties, e.g. villas but most certainly not apartments, which are legally registered with and licensed by the tourism ministry. There won't be any more for at least twelve months, the time that has been allocated for the Council of Majorca and town halls to determine and agree zones for any new legal holiday rentals.

Although the government's decree that has sorted out the mess regarding apartments in the holiday rentals' legislation will not be ratified by parliament until next month, the ministry is already getting down to business in addressing illegal rentals.

One way in which it will do this is via an online facility for residents to denounce owners who are renting out apartments. These reports cannot be anonymous because the law doesn't permit anonymity in this instance. There is also to be an app which can be used to find out if a rental property is legal or not.

From this coming Tuesday, coinciding with the official publication of the decree, ministry inspectors will be following what is said to be a straightforward procedure. Rentals will be considered to be for tourism purposes if they are for fewer than thirty days. It will be up to owners to prove that they are not. Checks will be made with property registers and as to the existence of a licence number (or not).

The email address to report suspected illegal rentals is bustiainspeccioturisme@dgoturis.caib.es. On receipt, inspectors will open a file on the case and determine if the rental is illegal or not.

Love this comment from a reader.

Tell tales and shop your neighbour.! How low will this bunch of communist bullies stoop? Shouldn't be surprised though - those were the tactics of the Soviets and the East German Stasi secret police during the cold war and the Berlin wall. Democracy won there - hopefully won't be long now before it returns here.

 

[Rosie34]

I am still confused.com! I was under the impression that all private apartment short term rentals would be classed as illegal. But now I am thinking that, even if the apartment is privately owned, then the owner can obtain a licence if the apartment reaches a certain standard. Can someone enlighten me please

 

[Gp1602]

I think if you live in a community then you can agree to allow renting and apply for a licence. The problem is that not everyone in a community does want renting. I wonder though, if I let my family use my apartment and my husbands family use my apartment, that could be potentially 7 different families and us! How can I prove that is not renting to others in my community?!

 

[sws97sdg]

I am still confused.com! I was under the impression that all private apartment short term rentals would be classed as illegal. But now I am thinking that, even if the apartment is privately owned, then the owner can obtain a licence if the apartment reaches a certain standard. Can someone enlighten me please

They have put a hold on issuing new licences for a year, although they haven't been issuing them for apartments for a while now. So after the year, if they decide that areas of PP are tourist area, they may start issuing licenses then, but that is not clear if it's going to happen.
As I said before, if you have been renting privately and not through a webpage or agency, then you should be ok for next year, there are no fines for renting a place, only for renting out a place

 

[PP76]

I think if you live in a community then you can agree to allow renting and apply for a licence. The problem is that not everyone in a community does want renting. I wonder though, if I let my family use my apartment and my husbands family use my apartment, that could be potentially 7 different families and us! How can I prove that is not renting to others in my community?!

This is a very good point, we now have an apartment and a villa we have always only allowed family and two close friends to have them and have genuinely never taken any payment whatsoever, but how do you prove this?
If the authorities claimp down on those who do rent over the next year and less people come we could also see airlines cancelling flights so making it difficult for those who don't rent to get here, it's already hard enough in the winter months!
I do think some control has to be put in place however it would make sense to have an amnesty for "illegal" renters until the new regulations are in place.

 

[favie]

]there are no fines for renting a place, only for renting out a place

....and that is where the problem lies! As I said in a previous post my booking for next year was cancelled, deposit returned, the Lady concerned, understandably, could not take the risk of a hefty fine? This is what's worrying about booking anything else, once bitten twice shy.
I always book through a holiday rentals website, always problem free, well up to now! I could try booking another but I am concerned same thing may happen and possibly nearer to my booking date!
If not a website or agency where else SWS?

 

[Papillon]

I wonder how many owners who let friends and family stay for free are paying the tourist tax of about €2 per person per day. It is the responsibility of the owner to collect and pay this tax.
Get the feeling it's not just the renters who may be breaking the law.

https://www.spain-holiday.com/rentalbuzz/the-new-balearics-eco-tourism-tax-explained

 

[allanglens]

The alternative is therefore no wages and no hours.

The avowed aim of some of these groups is the destruction of the capitalist system. The tourist trade is just the most prominent part of that system, and also happens to be one which some locals dislike. Not the whole concept, but the amount of it, and it's effects in some areas. So the anti-capitalists gain support for their campaign, and claim therefore support for their main cause.

 

[Rosie34]

They have put a hold on issuing new licences for a year, although they haven't been issuing them for apartments for a while now. So after the year, if they decide that areas of PP are tourist area, they may start issuing licenses then, but that is not clear if it's going to happen.
As I said before, if you have been renting privately and not through a webpage or agency, then you should be ok for next year, there are no fines for renting a place, only for renting out a place

Thanks SWS for this info. Our October private apartment for this year has been booked online through a lettings agent so a bit of a grey area. I suppose I could check with the company, which I may do for peace of mind. Or I may just bury my head in the sand and see what happens!!

 

[P&C@29]

Does anyone know of an apartment in PP that is licensed for short term holiday rentals and how much is per month?

 

[Papillon]

After reading the second paragraph I have to say I am still confused as to the status of those who genuinely let friends and family stay in their apartment for a modest payment. Surely they can't be limiting occupancy to owners only.

https://majorcadailybulletin.com/ne...meet-rules-for-apartment-rental-tourists.html

Tourism minister Biel Barceló said yesterday that websites advertising apartments for tourists have fifteen days to comply with the new Balearic tourism legislation. If they don't comply with the law, which is now in force, they could face fines of between 40,000 and 400,000 euros.

Owners can now be subject to fines of between 20,000 and 40,000 euros. The government will treat apartment rentals of less than a month as "tourist". Owners will need to show that there is a lease contract (in accordance with the national tenancy act) and that the visitor has paid a deposit. The burden of proof is to be placed on the owner to show that a visitor isn't a tourist/traveller. Otherwise, the activity will be deemed illegal.

In addition, any apartment advertised on a website considered to be for tourist accommodation purposes, e.g. Airbnb, will automatically lead to a fine. Adverts for properties on Airbnb and other sites have to include a tourism ministry registration licence number. In the case of apartments*, there are no registration numbers because it has been legally impossible to license them. The tourism ministry is said to have identified 83 websites that could be liable to fines.

Barceló, together with the tourism director general Pilar Carbonell and the ministry's technical adviser, Antoni Sansó, pointed out that in Majorca at present there are fifteen inspectors as well as three agents who deal with sanctions' procedures. Their numbers are to be swelled by five and three respectively.

With regard to tourist accommodation places (of all types), Barceló explained that there are 623,624 in the whole of the Balearics, of which 435,707 are in Majorca: 294,163 of these are hotels. These figures take account of the 42,000-plus places that are to be allocated as a result of the new legislation. The majority of these are expected to be holiday rentals. The allocation will not be firmed up until the end of the twelve-month "moratorium" on the issuing of new licences for rentals and the island councils and town halls have agreed on zones for rentals.

Moreover, 120,000 places across the Balearics are to be eliminated. These are ones (mainly hotels, it would seem) that were created as "exceptions", according to the government. The 2012 tourism law is principally blamed for this, though these exceptions also arose because of the first tourism law of 1999. The elimination will take a number of years, as licences are revoked.

Carbonell said that an inspection campaign of nine estate agencies in April found 330 apartments that were being advertised illegally. A second campaign detected only twenty. This, she suggested, was evidence of agencies having taken note of the legislation.

* Confusion can sometimes arise about apartments. There is an official category of tourist apartments (Apartamentos Turísticos) that applies to whole buildings or series of buildings. They are totally different to holiday lets in that they function in a similar way to hotels. They are rated according to "keys" rather than stars and are denoted by the letters AT.

P&C@29 good luck with finding a licensed apartment, make sure you speak to the owner first as you could find your rental cancelled at the last minute with no compensation.

 

[STOXIE]

Therefore to my reading this really is the end of looking on the internet for an apartment. Does anyone know how many apartments in PP have licences?
I cannot believe they have not thought of the knock n consequences. I have been looking at flights to Mallorca for next summer-there is now no point in doing that. Therefore fewer aeroplanes, therefore fewer people employed at Palma and lower revenue from the plane companies. Why make a licence so costly and difficult to attain? I fully understand the need for housing for people living in PP and the rest of Mallorca but surely there has to be other solutions. How will local people pay for their housing without the revenue brought in by tourism?
Does anyone know when a final decision is being made?:

 

[El Gordo]

I think the lack of Apartments to rent is very worrying for "frequent visitors" and Bars and Restaurants in PP, especially out of the main school holiday period.

However, those that are looking for long term rentals, who may have lost their homes to "Holiday short term renters" will benefit.

Good luck everyone.