Tourist rentals and seasonal rentals. THE TOURIST LAW OF THE BALEARIC ISLANDS (LIIB) THE LAW OF URBAN RENTALS (LAU)

1. TOURIST RENTALS AND SEASONAL RENTALS
THE TOURIST LAW OF THE BALEARIC ISLANDS
(LIIB)
THE LAW OF URBAN RENTALS (LAU)
Javier Blas Guasp
Abogado- Doctor en Derecho
Socio-Director de IllesLex
10 de diciembre de 2013
Club Diario de Mallorca

2. SEASONAL RENTALS CONTRACT
Article 3 of the State Law of Urban Rentals is maintained. Rent for different use than housing.
2. In particular, this consideration conclude the seasonal rental of urban properties, in summer
or other season, and held to carry out industrial, commercial, artisanal, professional,
recreational, welfare, cultural or educational activity, any people who are carrying out this type
of activity.
Article 4. Applicable arrangements.
1.
The rents covered by this Act are submitted in an imperative matter according to the
provisions of the Titles I and IV of the same Act (article 36 deposit 2 months, oral or
written).
2. Without prejudice to paragraph 1, the rents for different use than housing are ruled by the
will of the parties, failing that, by the provisions of title III of this Act (subrogation of the
purchaser, conservation, improvement, works, assignment, sub-Rent, preferential acquisition,
etc.) and additionally, the provisions of the Civil Code.
3. The exclusion of the application of the provisions in this Act, when possible, explicitly with
regards to each of them.

3. SEASONAL RENTALS CONTRACT
Other consequences of the qualification:
Prescription rents within five years, not three.
Irresponsibility for accidents by the tenants. Derogation of the strict preventive standards of
tourist accommodation.
SAP Las Palmas (Section 4) 358/2012 of September, 11th. Not considered as public and touristic
premises.
No additional services are provided.

4. CONTRACT MODALITIES LTIB
Law 8/2012 of Tourism, regulates administratively modalities of touristic stays:
Hotel accommodation
Touristic apartments
Rural accommodation
Timeshare scheme (Royal Decree Law 8/2012 of March, 16th.)
Co participated, shared tourist accommodation or other similar manners of exploitation of
tourist
accommodation (Condohoteles).
Exploitation of tourist accommodation in form of comprehensive full board
Tourist and residential companies
Marketing companies of touristic stays in houses
Hostels, places of refuge, hospices.

5. MARKETING COMPANIES OF TOURISTIC STAYS
The LTIB does not regulate all stays in houses. Only those that meet cumulatively these
requirements (Art 49 and 50 LTIB):
1.Those that are marketed by touristic companies (natural or legal persons) or the owner.
This means a business organization , professionalism and regularity (art 30 LTIB), in
tourism (apart from the usual environment of the hosted, art 3 LTIB).
The owner as an entrepreneur, which means, to offer complementary service and
organization of entrepreneurially activity (eg. operating a system of enquiries) .
Subject to VAT.
2. Marketed in tourism channels
Marketing channels are travel agencies, touristic internet sites, the inclusion in brochures
of hotel companies in charge of the management of an HMA, or franchising.
Not real estate agencies

6. MARKETING COMPANIES OF TOURISTIC STAYS
Offering tourist accommodation services alternating with the proper and residential use of
the property. This identifies the contract as lodging contract. Not as seasonal Rent. The
services are regulated tin the art 51 LTIB.
3.
Matter is to provide a certain type of property, in order to act regularly as hospitality businesses.
Art 50-52 LTIB, as being an advantage, its scope is limited and obligations are imposed:
Limitation: detached house or semi-detached house, or similar, actually designed for
residential use.
Maximum of six bedrooms and up to 12 people.
Bathrooms: one every three sleeps.
Short stays. Time not exceeding two months.
Temporary assignment of the right of enjoyment of the entire house.

7. MARKETING COMPANIES OF TOURISTIC STAYS
Not allowed are contracts of single rooms or match the same property for different users who
have concluded contracts
Direct or indirect provision of services:
Periodic cleaning of the house
Bedding, linen, household goods and replacement
Maintenance of facilities
Client´s service during business hours
Client´s telephone service for tourists and user of touristic services provided for 24
hours
Services of the tourism company (art 19 LTIB) responsible statement of the beginning
of a touristic activity

8. MARKETING COMPANIES OF TOURISTIC STAYS
The problem: The Presumption of art 50.2.
Without prejudice of the preceding paragraph, marketing of touristic stays in properties are
understood, when it cannot be certified, in accordance with the applicable regulations, that the
procurement carried out is according to the legislation on urban, rural rentals or other special
law.
REMISSION TO THE LAW OF URBAN RENTALS

9. THANKS FOR YOUR ATTENTION
JAVIER BLAS GUASP
PALMA DE MALLORCA
POLLENSA
C/ Olmos, nº 50, Esc A, 1º
07003 Palma de Mallorca
Tel: 971 728 008 Fax. 971 720 570
info@illeslex.com
Vía Pollentia, 39 bjs
07460 Pollença
Tel. 871 590 600 Fax. 971 720 570
pollensa@illeslex.com
www.illeslex.com