What is the DRIAT - Property Definitions - Zoning Laws - Legal and Admin Requirements for Holiday Rental Homes

What are the legal requirements for a Mallorca holiday rental license?

The law on rental licenses for holiday properties in Mallorca has changed a number of times now since it first came out, and it has left many people confused as to  how to get one and what you need. 

One thing is absolutely certain though - YOU WILL NEED A LICENSE TO LET YOUR PROPERTY AS A HOLIDAY HOME IN MALLORCA!

On the 30th of July 2018, the Tourist Board in Mallorca began offering “plazas turísticas” for sale as a way to legalise holiday rentals on the island. A plaza turistica can be understood as “tourist occupancy”, ie: the number of guests (or spaces) a property can legally accommodate.

WHERE do you apply for a tourist occupancy in Mallorca?

To purchase a tourist occupancy licence you have to go to the Consorcio de Mallorca, which is located in the Ministry of Tourism (Conselleria de Turismo) in Palma.

Once the purchase of the “plazas” has been authorised and the first payment (in the stage payment plan) has been made, all the documentation required to obtain the necessary licence for your holiday rental activity can be presented.

HOW do you apply for a tourist Occupancy Space?

Plaza Turistica

To buy a tourist occupancy licence for a holiday rental property, the property owner has to present a statement of responsibility to initiative holiday rental activity - known in Spanish as the Declaración Responsable de Inicio de Actividad Turística (DRIAT), as well as a certificate from the town hall that certifies that the property is located in a zone that permits holiday rental activity.

NOTE: These restrictions only apply to NEW LICENSES and and do not affect holiday properties that obtained their licence PRIOR to the approval of the tourist zones!

Administrative Fees

The administrative fees vary according to the municipality.  For example, in Sóller, it costs €50 to submit the application, whereas in Alcudia the rate is €70 and in Santa Margalida this increases to €100 per application.

In order to apply for a holiday rental licence for your property in Mallorca, you will have to meet the following minimum requirements: -

  • You must hold a current certificate of occupancy (Cedula de Habitabilidad) or similar occupancy certificate issued for this purpose by the competent insular Administration.
  • The maximum number of plazas that can be sold are those allowed by the certificate of occupancy.
  • Your property cannot provide extra beds.
  • Your property must be located in one of the areas declared and provisionally delimited as suitable for holiday rental activity. That is, when there are available tourist plazas from the “Stock Exchange (Bolsa) of Holiday Rental Plazas, and when the property is located in a tourist zone declared suitable for tourist marketing.
  • Your property in Mallorca must be at least 5 years old.  During this period the use of the property must have been private and residential.
  • Your property must be free from sanctions. A home cannot be rented as a holiday let if a sanction has been imposed for “serious” or “very serious” infringement of the holiday rental licencing laws until such time that the sanction has been fulfilled and the legality of the property is restored.
  • You must have the corresponding relevant energy certificate for the property. As a general rule, your property wil have to meet certain energy efficiency requirements, which have to be developed by regulation.

In the absence of any regulation, the minimum qualifications will be the following:

  • Rating F, for buildings constructed prior to 12/31/2007.
  • Rating D, for buildings constructed after 01/01/2008
  • Water consumption control systems (meters or individual meters).
  • Individual counters for other supplies such as electricity or gas.
  • Comply with applicable sustainability and accessibility regulations.
  • Not be or have been, residential housing, subject to the regime of official protection or assessed price (precio tasado).
  • Have minimum equipment of 1 bathroom for every 4 plazas (occupancy rate).

Other requirements established in Annex 6 of Decree 20/2015.

  • Quality plans approved by regulation.
  • The property is obliged to display, in a prominent and visible place, a plaque identifying the property as a holiday rental home with the corresponding holiday rental licence number. In accordance with the specifications outlined in Annex 1 of the Decree 20/2015.
  • Civil liability insurance that covers corporal and material damages suffered by the guests during their stay and also by the community of owners. For a minimum amount of 300,000 euros.
  • 24-hour contact telephone number, available to guests and the community of owners.
  • Comply with the obligations imposed in the Tourism Law of the Balearic Islands, established for all tourism companies.
  • Comply with all regulations that may be applicable, including tax, and the regulatory requirements for the exercise of the activity (business, labour if you hire personnel, and tax).
  • Display the holiday rental licence number in all marketing material for the property, including online marketing. The guest must also be notified of the registration number at the beginning of their stay.
  • Registration of tourists with the Police in accordance with the citizen security regulations.
  • Comply with the information, prices, advertising and reservations regime that regulate art. 86 and 87 of Decree 20/2015.

Here is a list of the DOCUMENTS you will need to present to get your rental licence:

  • Identity documents i.e. NIE, DNI
  • Certificate from the municipality showing that the property is located in an area where holiday rental activity is permitted in accordance with the tourist zoning.
  • Certificate accrediting the acquisition of tourist occupancy “plazas”, obtained from the Consortium of the Ministry of Tourism (El Consorcio del Conselleria de Turismo).
  • For multi-family properties, such as apartments within an apartment block or community of owners, or properties subject to horizontal ownership (ETVPL), documentation proving that the community of owners allows holiday rentals.
  • For the rental of a main residence for a maximum of 60 days per year (ETV/60) current certificate of “empadronamiento” indicating the owner of the property as the resident of the property.
  • Modernisation Plan (Annex 6 of Decree 20/2015) – self assessment document available to download on the Dirección General de Turismo website).
  • Proof of payment of the corresponding administrative charge using the form Model 046 from the Agencia Tributaria website.