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Guide for the tourist marketing of a home

07Aug

Informative guide concerning the proceeding to present a responsable declaration of the start up of tourist activity (DRIAT) for the tourist marketing of a home in Mallorca

Applicable as from the moment of coming into effect the zones of the Board of Mallorca and the Palma Town Hall

1. Identify the type of home in accordance to the tourist regulation. It may be a home in a single family building or a home in a multi-family building.

A) Home in a single family building (homes located in a building of only one home):

1. The detached single family homes or chalets (sharing or not a plot with others).

2. The single family homes between one dividing wall on the plot.

3. The single family semi-detached homes as long as they do not share the plot.

4. The homes corresponding to a building in which there is only one home and one or various premises for other uses and with independent entrance (example: building in which the ground floor are premises and the upper floor a home).

B) Home in multifamily building (the homes located in buildings with two or more homes sharing entrances or common elements):

1. The homes located in buildings of flats in which there are other homes.

2. The buildings of terraced homes (are the same building with various homes that also share the plot).

3. The semi detached homes that share a plot (we are referring to one building with two homes that additionally share the plot).

This type of the tourist regulation determines if it is possible to market in an indefinite manner (case of letter A, with exception to case 1 if the plot is shared or case 4 if there are various owners in the building, as they are subject to common hold property), or to the limit of FIVE RENEWABLE YEARS (generally the Cases of letter B), although also subject to this limit if within the mode of marketing of a main home.

2. If it be a home in a multi family building (option B) unless all corresponds to the same owner and is extinguished, will be subject to the system of commonhold property in accordance to the Law 49/1960, dated 21st July, of commonhold property.

Also subject to commonhold property are the single family homes that share a plot with others (option A1) and the single family homes that share the building with premises for other uses if they have different owners (option A2).

In all these cases, the community of owners must allow the tourist marketing, through the articles or by agreement in the board of owners.

The system of commonhold property is that applicable to the buildings in which there are private properties and common elements with other owners, whether the constituent title has been granted or not, and also to the properties that share common elements with other properties (as per the Law 49/1960): for example, a block of flats, semi detached buildings, terraced buildings or single family that share the same plot, the detached buildings that share other common elements with other buildings (for example, a swimming pool)...

In these cases, in order to carry out tourist marketing, it will be necessary that the articles of constituent title does not impede different uses to those of a permanent home. If there is no impediment, or there are no articles nor constituent title, an agreement must be obtained from the board of owners in its majority, that at the same time forms the majority of the shares of ownership, to accept the possibility of tourist marketing, in a manner of being able to apply that stated in the article 17.7 of the Law 49/1960. This agreement must be registered in the Property Registry office. In the case of the articles specifically allowing the possibility of tourist marketing, this mentioned agreement is not necessary.

3. One must go to the respective town hall to obtain a supporting certificate that the property in question (depending on its category) is located in a suitable area. The certificate must specify what category of tourist marketing can Be carried out: only for two months (category of main home) or for all the year.

If the category of main home wishes to be carried out (two months) a census certificate must also be obtained. They must be full months and the months to be marketed must be indicated. Any advise of changes of these months should be made in January.

4. In the case of being allowed and, therefore, choose the two categories (two months or all year), a decision must be taken on which will be carried out.

5. Confirm that the home fulfils the remaining requirements needed:

— The home must be at least five years old at the moment of presenting the DRIAT, during which time its use has been for private residence.

— The owner must hold the housing certificate in force or a similar document granted by the island board also in force.
— The owner must hold the energy efficiency certificate with classification F for buildings before the 31st December 2007 or D for later buildings.
— The home must hold an individual water measurer or meter registered with the supplying company (except if there is no supply in the area).
— The home is not nor has been subject to the system of official protection or valued price.
— The home must have at least one bathroom for every four beds.
— The home must hold the minimum points in the list of attachment 6 of the Decree 20/2015, as per article 107 of this same decree.
— Only responsible declarations of the start up of marketing activity of tourist accommodation can be presented when the owner of the home does not have more than three homes already under tourist marketing.  

 

6. One must go to the Syndicate Market of Beds (calle de Montenegro, 5, Palma) to obtain the tourist beds (one must abide to the total amount of beds/people specified in the housing certificate)

The beds have different prices depending on whether it is:

— A home in a multi family building (ETV).
— In a home in a multi family building or subject to commonhold property (ETVPL).
— Of a home in a single family or multi family building, but under the category of «Marketing of main home» (marketing maximum of two months per year in which is allowed to live together with the guests) (ETV60).

Exception to the purchase of beds from the Syndicate: in the case of homes that are not located in multi family buildings or subject to commonhold property, or homes marketed under the category of main home, the beds can be obtained in other homes in Mallorca that were permanently suspended as long as these had obtained the beds through an onerous means.

 

7. One must present to the General Tourist Board the responsible declaration of the start up of the activity (DRIAT) duly filled in and signed together with the following documents:

a) ETV (home in a single family building)

a. Proof of the person (copy of DNI, NIF...).

b. Payment of the corresponding administrative fee.

c. Proof of representation (if applicable).

d. Plan of modernization, Attachment 6 of Decree 20/2015, dated 17th April, developing from the Law 8/2012, with a minimum of 70 points.

e. Town hall certificate of suitable area and of the category admitted (indefinate or of main home).

f. Proof of obtaining tourist beds from the Syndicate.

g. Only in exceptional cases of single family homes subject to commonhold property (those that share the plot or elements with others), that appearing in letter b of the following letter.

 

b) ETVPL (home in a multi family building or subject to commonhold property)

 

a. All the above.

b. Articles or constituent title orf the commonhold property that specifically allows the possibility of tourist marketing in the homes, or if there is no constituent title nor articles or these do not impede tourist marketing: agreement from the board of owners in which Appears the majority in favor (as per article 50.7 of the Law 8/2012 under the terms of article 17.7 of the Law 49/1960).

 

c) ETV60 (home in a single family building or multi family under the category «Marketing of main home»)

 

a. All that stipulated in point a for the ETV.

b. If applicable, articles or constituent title of the commonhold property that specifically allows the possibility of tourist marketing in the homes, or if there is not constituent title nor articles or these do not impede tourist marketing: agreement from the board of owners in which appears a majority in favour (as per article 50.7 of the Law 8/2012 under the terms of article 17.7 of the Law 49/1960).

c. Census certificate of the owner that is the person marketing.

 

Paperwork will not be admitted by DRIAT without enclosing all the documents mentioned in this point.

8. Remember that presenting paperwork to DRIAT without complying with the requirements and/or documents mentioned could lead to a fine.

9. Remember that, additionally to that mentioned, during the execution of the activity the following points must be complied with:

— The marketing consists of the temporary transfer of the right of enjoyment of all the home for days or weeks for a maximum period of a month. As an exception in the cases of homes marketed under the category of main home (ETV60) is allowed the living together of the owner with the guests.
— Tourist services must be offered as per article 51 of the Law 8/2012, dated 19th July, of tourism of the Illes Balears, as well as the rest included in the tourist regulation.
— All required regulations must be complied with concerning the business activity, working regulations if staff is hired and taxes.
— The General Police Department must be sent (or corresponding security force) the information concerning the people that are living in the home.
— The guests must comply with the use of cohabitation and public order, and, if applicable the rules of internal rules of the community of owners. The person who is marketing must keep watch that this is fulfiled. In the case of community of owners, the regulations of internal rules must be informed in writing, and the guest must sign receipt of same.
— In the cannel of tourist offer must be permanently made public the registration number of the home, which must also be supplied to the client at the beginning of the stay.
— No contracts can be signed for bedrooms nor make coincide guests that have signed different contracts. With exception is allowed in the marketing under the category of main home (ETV60) that the owner lives together with the clients (this is not compulsory).
— A valid insurance policy must be available under the terms of the Law 8/2012 (artícle 50.16) and the Decree 20/2015 (article 107).
— The homes located in the areas of prevention of fire hazard must take the measures referred to in point 19 of article 50 of the Law 8/2012 (the town halls or boards can inform as to whether the home is located in these areas).

 

10. Remember that the tourist marketing in multi family buildings, in homes subject to commonhold property, or in the homes that are marketed under the category of main home, is for a maximum of five years, renewable (as long as all the required regulations in force continue to be complied with at the end of the period, and provisionally the tourist beds are again obtained).

Main regulation applicable: articles 49 to 52 of the Law 8/2012, dated 19th July, of tourism of the Illes Balears; articles 106 (points 3, 4, 5, 6 and 8) to 109 of the Decree 20/2015, dated 17th April, issued in development of the Law 8/2012; agreements of provisional zones of the Board of Mallorca and the Palma Town Hall.

Note: this document is informative without any legal value. In the case of disagreement between this and the regulation, the regulation is applicable

 

THIS DOCUMENT HAS BEEN CREATED AND PUBLISHED BY THE GENERAL DIRECTION OF TOURISM OF THE GOIB to inform of the steps to be taken to market a tourist property in Mallorca, with the aim of facilitating the procedures when it is possible to carry out this economic activity.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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