What is the exact position about apartments in 2018

[scotslizzy]

Can someone please confirm what the position is re booking an apartment for 2018 please.

Will there be any private lets or will this now be impossible to obtain and feel secure with booking ?

Thanks

Scotslizzy

 

[annascotland]

I would like to know that too ScotsLizzy as we have already booked for next year and paid a 50% deposit. We trust the Landlord we are renting from to return the deposit if unable to rent to us but more worried about booking and paying for flights which will not be refunded.

 

[Papillon]

Touristic Rental of Private Apartment.

As an apartment owner who has rented to guests in the past, the situation has changed dramatically.

Basically all apartment rentals have been illegal for years as non of them have a touristic rental licence (never been issued for apartments only some villas) but they were tolerated with the occasional threat to fine those who were breaking the law, so owners just ignored the threat.

What changed on 1st August 2017 was that a law was passed banning the touristic rental of any property without a licence and also stating no new licences will be issued for at least a year. Any owner that continued to advertise on any holiday website would be liable to a fine of up to €40,000 and the site €400,000.

This means no private apartments can be legally rented as a touristic rental, however most owners have decided to take the risk and let any rentals for 2017 stand.

2018 is a different matter and you will find there are very few apartments available for rent, however some owners have already taken bookings and have not decided what to do for next year.

So you have to understand if you have a booking you may have it cancelled at the last minute with no chance of picking up alternative accommodation at a reasonable price so close to the beginning of the season.

It is a nightmare for everyone concerned especially for those who have paid hefty deposits but if the owner who you are booking with does not have a licence then the rental is illegal.

Hope that helps, the Port is holding its breath hoping that next year doesn't turn into a disaster for so many who live and work here and rely on the seasonal income to survive.

 

[1999]

Papillon..... many thanks for putting some clarity on the situation ...... does this law only apply to tourist rentals or are long term rentals also included, if not how do they discriminate between the two ??
Thanks in anticipation.
1999

 

[Disorderly]

Papillon

What a brilliant, concise explanation. Thank you. Already booked a villa for next summer and now expecting a sadly quieter PP.

 

[Papillon]

Papillon..... many thanks for putting some clarity on the situation ...... does this law only apply to tourist rentals or are long term rentals also included, if not how do they discriminate between the two ??
Thanks in anticipation.
1999

There are 2 sorts of rentals touristic and domestic. Domestic rental is for a longer term than 30 days and when you take on the lease you are obliged to provide a large deposit that is held by a third party.

The 30 day rule has been introduced to stop owners using a loophole by saying all their rentals were short term domestic rentals. The 30 day and deposit rule has effectively knocked this on its head.

 

[1999]

Papillon..... Many thanks for taking the time to explain and answer my question...it's very much appreciated
Regards 1999.

 

[majprop]

Papillon, you say that in your first post Licences have never been issued for apartments, they have and anyone having a licence for either apartments or houses or villas are not affected by this law as long as they have the official STAMPED NUMBER on their licences as a lot of the early licences were issued without numbers. You can rent an apartment if the rental is for more than 31 days not 30 as some months have 31days. It is possible that the current (new) laws will change as they have now to decide on the "Zoning" which will not be until towards the end of the year. I will not go into this as it is in depth and not enough room here to explain it.

 

[Papillon]

Thanks for the clarification majprop.

This article from the Majorca Daily Bulletin explains a bit more.

https://majorcadailybulletin.com/ne...s-start-cancel-apartment-rental-bookings.html

 

[pansy potter]

Thank you Papillon for your very concise answer , most helpful . It appears the MDB agrees with you too
Thank you for taking the time to explain it's much appreciated, I've yet to find any private apartment owner with a license.

 

[Bootledodger]

Pap/Majprop
is it difficult obtaining a license and/or expensive?

 

[Papillon]

At the moment there is a freeze on the issuing of all licences for a year until the island has been divided into zones. To control the number of tourists some zones will allow private apartment and villa rentals and some will not. Nobody really knows how long this zoning process will take.

Unfortunately even if the property is in a permitted zone there will be many hoops to jump through before a licence is issued. My understanding is that an apartment in a domestic block i.e. One where there are residents will never be permitted to apply for a touristic licence however a block built solely for non residents will be able to apply for a licence if a simple majority of the owners agree.

As majprop says there are many more conditions being considered along with the cost of the licence.

All we can do is watch and wait until we see the final definitive legislation.

majprop if you have more info please let us know.

 

[sws97sdg]

What are the rules for letting family and friends use your apartment, if they dont advertise or have rental agreements?

 

[PP76]

SWS,
I wrote the following to our Solicitor in Palma and received the this reply.

In all the time we have owned our apartment and villa we have never rented or taken any type of payment whatsoever, we have allowed my Daughter and Sons sometimes with their friends, my Sister in Law and two close family friends to have totally free use. Can you clarify if this is still legal under the new tourist use of apartments regulations.

REPLY
As you have never rented or taken any type of payment whatsoever, and have allowed your family and two friends to use the properties for free. This is totally legal and the new tourist use of apartments regulations cannot be applied in this case.

 

[Pocket_Buddy]

I really do fear for Mallorca next year, especially for Port de Pollença!
It gets worse when I look at the prices to stay in the hotels/Aparthotels. With the tax ontop of this, I really cant see us being able to come next year!!

 

[sws97sdg]

SWS,
I wrote the following to our Solicitor in Palma and received the this reply.

In all the time we have owned our apartment and villa we have never rented or taken any type of payment whatsoever, we have allowed my Daughter and Sons sometimes with their friends, my Sister in Law and two close family friends to have totally free use. Can you clarify if this is still legal under the new tourist use of apartments regulations.

REPLY
As you have never rented or taken any type of payment whatsoever, and have allowed your family and two friends to use the properties for free. This is totally legal and the new tourist use of apartments regulations cannot be applied in this case.

Thats brilliant, thanks very much for that, thats crystal clear now

 

[annascotland]

I really do fear for Mallorca next year, especially for Port de Pollença!
It gets worse when I look at the prices to stay in the hotels/Aparthotels. With the tax ontop of this, I really cant see us being able to come next year!!

I agree, when we were leaving our PP hotel last week we asked to book for next year, they said pices will be up at least 10% on this year. We did not book and are thinking it over, either we stay in PP for a shorter time or find somewhere else to holiday.

 

[katsmum]

We're feeling the same. Been coming every year for over 20 years and now discussing whether we should have a look at alternatives. Really feel like we're not wanted in Majorca any more.

 

[Pocket_Buddy]

I've noticed there seems to be a lot of places have been having a bit of a makeover recently. All sounds great, except it seems like they're expecting the customers to pay for it.

 

[graham]

''except it seems like they're expecting the customers to pay for it''.


......which is kind of how business works.