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Guide to obtain a new renting license for villas and apartments in Mallorca

What is the DRIAT?

This declaration statement is a form you need to fill in to apply for a license. In full, it is the Declaració Responsable d'Inici d'Activitat Turística. The process of submitting this applies from the moment the zoning of the Consell de Mallorca and Ajuntament de Palma comes into force.

Definitions

a. Housing in a single-family building. In other words villas and townhouses that don't share a space.

b. Housing in a multi-family building where there is shared access or facilities. In other words apartments with communities or houses that occupy some kind of shared ground.

These definitions help determine if the property can be commercialized, whether they are subject to the Horizontal Property law, and if it is subject to a five-year renewal.

Horizontal Property

As far as apartments (or properties that have some kind of communal element) are concerned, an agreement at a Community Owners' meeting must be obtained. This means the majority of property owners within the building accept tourist rentals and this agreement must be registered at the Land Registry.

Main Residence or Year-Round Rental

You must go to the respective town hall to obtain a certificate confirming that the property in question is located in an applicable zone. This certificate will also specify what kind of tourism rental can be carried out: two months if this is your main residence, or year-round if not. Please note that you have 60 consecutive days but not both July and August. You could still choose June-July or August-September.

If the property is your main residence, you must also present the Certificado de Empadronamiento. The rental periods must be whole months and you must indicate which months you intend to rent. Any changes in the rental months must be communicated in the month of January.

Requirements

The home must meet these requirements:










Procedure, Stage 1, Consorci Borsa d'Allotjaments Turístics (CBAT)

Head to the CBAT (calle de Montenegro, 5, Palma) to purchase the tourist places (the total number of places, or beds, is already set on the certificate of occupancy or cédula de habitabilidad)

The beds have different prices depending on whether it is:





Procedure, Stage 2, Form Submission and Accompanying Documents

You must submit your DRIAT form to the Direcció General de Turisme together with the following documentation:

Single-Family Building ETV

a. Formal document of the owner (copy of ID, NIE..).

b. Payment of the administrative fee (expected to be around €300)

c. Power of attorney (if applicable).

d. The completed checklist (Annex 6 of Decree 20/2015, of April 17)  with a minimum of 70 points.

e. Certificate from Local Council stating the applicable zone and the type of rental (indefinite or 2 months for principal residence).

f. Proof of purchase of tourist places at the CBAT.

g. Only in the exceptional cases of Single-Family homes being subject to horizontal property law (those that share plot or property elements with others), the statutes that state the Community Owners' acceptance of tourist rentals (see point b below).

Multi-Family Building or Subdivided Property ETVPL

a. All previous documents as in Single-Family Building.

b. Título constitutivo or statutes from Community Owners' Meeting that correspond to the horizontal property law and expressly permit tourist rental

Single- and Multi-Family Buildings for 2 Months per year

a. All previous documents as in Single-Family Building.

b. Títol constitutiu or statutes from Community Owners' Meeting that correspond to the horizontal property law and expressly permit tourist rental

c. Certificate of registration (certificat d'empadronament) from the council indicating that the owner lives in the property.

Other Points












 

The information provided in this article is not intended to be legal advice but merely conveys general information related to tax and legal issues. If you are a property owner concerned about any of the information in this blog post, it is advisable that you speak with your Spanish tax advisor or accountant.

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