Majorca Property News

Property Mallorca: illegal Finca rental threatens high punitive damages


The placement and leasing of real estate on Mallorca on holiday can be a very lucrative business. But there is a risk that such a service of the Balearic authorities as "agencia de viaje (travel agent is considered). And since travel agents are subject to an authorization, you can quickly a fine imposed by the Conselleria de Turismo have in the mailbox. Is this only once since, has little opportunity to take action against it, and it remains only the payment of a penalty.
In Spain, there is a notification requirement for travel agents. The question is what is meant by this term. Under German law distinguishes the following concepts: A tour operator in the travel contract promised package of travel itself, or renders service uses to perform its obligations towards the passenger agents. A travel agent on the other hand gives trip contracts between tour operators and travelers. He advises clients and manages the reservation properly on to the tour operator. A travel agency is a company in the travel industry, which is acting as an agent in the travel between tour operators and passenger. It can also occur even as a tour operator. According to general understanding of the concept is not a travel agent, if an individual or a company, only certain apartments offering mediation, for instance, an online travel agency. But just at this point, the Spanish law applies a different regime: Under Article 31 of the Ley 2 / 1999 de 24 de Marzo, general turística de las Islas Baleares a company is regarded as a travel agent if it is exclusively on professional and commercial nature and dedicated manner the activities of the agency or organization of tourist services. To perform these activities requires a permit, you must apply to the competent authority. If you have not done so threatening fines from a height of 3000, - €. But it is questionable whether this Spanish strategy, at least in terms of a pure on-line activity, European law is not. In this regard, Article 47 of Directive 2000/31/EC should be noted, 08.06.2000, applicable course in Mallorca. This is to ensure the exercise of freedom of establishment and freedom to provide services, adapted by the national legislation and corresponding barriers are removed. Thereafter, the Balearic Islands are required to grant access to the market without barriers. In paragraph 34 of the Directive states: "Each Member State is to amend its legislation in which provisions are set, which could hinder the use of electronic contracts. There is now but despite this European scheme, the problem that you have to force the Spanish authorities on the implementation of this Directive. This can be achieved only by legal means, and before the ECJ. Where is the question of how to proceed, if you lead a company of this kind. Whether we wait to see if the Balearic authorities are attentive to their own businesses, or whether we should respond as a precaution. Although in principle there is the possibility to obtain the required approval as a travel agent, but for cost and expense reasons it off rather advise to. It is recommended that rather a franchise agreement to conclude with a travel agent.

Finca rental in Mallorca

Often the temporary vacation rentals of parts of the country finca or a full set of planned additional revenue, which has supported the overall financing of the project as a crucial pillar Finca. Moreover, so many tourist Fincavermietung proven in recent years as a profitable business. This was, however, suffered less well from the Majorcan hotel industry, which was looking for ways to get rid of this unwelcome competition as quickly as possible. Moreover, these rents are not taxed on the fincas, or only minimal common. However, on closer inspection turned out, that not a few members of the hotel industry itself land rents villas in addition to this sublease touristy.

For a comprehensive Fincavermietung continue talking environmental aspects, while the other was tried by means of agritourism on the part of the policy, a country house with a correspondingly high standard of quality tourism, not only legally possible, but make it a substantial part of the Mallorca tourism.

What is the legal position?
The authoritative for the Balearic legislation for commercial tourist villas rental is the Decree 8 / 98, 23.01.1998. Furthermore, the relevant Ordinance No 12 344 is the Conselleria de Turismo of 11/06/1999.

As a tourist apartments, which are covered by the specific needs of the tourist rental explicitly in Article 2 of Decree 8 / 98 also called the single-family houses.

The decisive criterion for the application of the strict conditions set out therein the admissibility of the tourist rental is the "Kommerzionalisierung" of the rental. In other words, the commercial rental of a farm's outdoor regular approval but not approved.

Who more than three times a year makes one of his rental villas is expected to meet the criterion of "Kommerzionalisierung 'already. The same applies where public rental service by newspaper advertisement or via the Internet. This is the legal tourist rental of villas in the country in most cases, legally and / or economically excluded.

For large country villas and the objectives of the intensive management of rental can be the entry in the so-called agri-tourism, a way out. Further information is available here on Agrotourismusvereinigung the Balearic Islands.

Ban with approval of title and a high fine.
In any case, even a temporary tourist and commercial rental of prior approval by the Conselleria de Turismo after filing an application form available there. Applications must include inter alia this the building plans to document are fire insurance measures. Violations are punishable by fines of several hundred thousand euros.

Investigation of the inspection on the Internet:
This is the current practice in the offices of the Conselleria de Turismo, the site offers reviewed as to whether there are appropriate approvals, such as the display of the relevant parts of the apparent newspapers rental properties. In suspected cases of illegal tourist rental of the Controller of the Tourism Board of relevant Finca reimbursed initially a surprise visit.

Against this background, and given also the high threat agents were not removed legalized fine country house rental offers from tour operators from their catalogs a large extent.
The current text of the law, you can download on the page in pdf.