The draft bill on which the Government is working prohibits renting in multi-family dwellings | UH

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The draft tourism law on which the Balearic Government is working with various social agents prevents tourist rentals in multi-family dwellings.

The Minister for Tourism Iago Negueruela already has several drafts of the bill, working discreetly with various entities, including hoteliers of the Islands and colleagues in the Government, although few have yet seen the final text. In addition to the specific regulation on the environmental and social measures that affect the hotel chambermaids, in one of the last drafts is the regulation of the tourist rentals.

The text specifies that in no case shall "independent dwellings existing within a multi-family or semi-detached buildings subject to the horizontal property regime, be considered isolated and therefore the marketing of tourist stays in this type of dwelling is prohibited". In other words, if a multi-family dwelling has an independent dwelling on its rooftop that was once assigned as a porter's lodge, it cannot be rented.. There is no possibility of renting apartments located in multi-family dwellings and, in addition, a number of conditions are added to allow the marketing of single-family and semi-detached dwellings. To begin with, short-term tourist stays in single-family dwellings may be marketed as long as they are carried out through operators or any of the tourist marketing channels.

They will have to consist of the temporary assignment of the entire dwelling, for periods of time not exceeding one month. The renting of part of the property ie just one bedroom is not allowed and it is also prohibited for the property to be shared by more than one party with separate bookings. The regulation, which is still under discussion, leaves it up to the councils to approve a regulation to develop the requirements, conditions, limits and content of the activity of commercialisation of tourist stays in dwellings.

Single-family detached or semi-detached houses in which the commercialisation of tourist stays is allowed must have a maximum of 6 bedrooms and 12 beds, with a minimum of one bathroom for every three beds. The properties will need a tourist rental licence from the local council which will be valid for a maximum of six years. This is one of the provisions included in the draft, on which the Government is still working.

The text establishes a distribution of competences among the different administrations, includes a list of the rights and duties of tourists and tourist companies and regulates for the first time the tourist activity in hostels and inns.

The draft also includes a regulation of the 'all inclusive' offer to the decree of excesses already in force. It obliges establishments to adopt measures to prevent users from taking food "without prejudice to the possibility of preparing food and beverage packages to be consumed during organised excursions". Street vending is prohibited and there is a regulation to prevent overbooking. Hoteliers who resort to this practice are obliged to provide accommodation to those affected in an establishment in the same area, of the same or higher category, and under similar conditions to those agreed. Travel expenses to the final establishment and any difference in price shall be borne by the hotelier. The text understands that in such a seasonal industry this phenomenon may occur, but specifies that this does not prevent "that measures should be taken to reduce it as much as possible and to ensure the solution to the problems generated".

The draft bill may still undergo modifications, but one of the issues that is taken for granted is that it will maintain new bodies that are created, such as the Municipal Tourism Board or the Single Tourist Administrative Office, which, among other competences, will be in charge of managing the aid that arrives with the EU funds.