If you own a property in the Pollença area and have been wondering whether you can rent it out without an ETV licence, you are not alone. We receive this question regularly. This article gives you an honest answer (including the parts that most websites leave out).
Since February 2022, the Balearic Government has maintained a moratorium on new ETV (Estança Turística en Vivenda) licences across Mallorca, Menorca, Ibiza and Formentera. The moratorium was extended and reinforced in 2025, with new rules prohibiting the use of tourist licences in multi-family buildings across the archipelago entirely.
In practical terms, this means that if your property does not already hold a valid ETV licence, there is currently no legal pathway to obtain one. The only way to enter the holiday rental market as a new operator is to purchase a property that already carries a licence.
This leaves many property owners in a difficult position, and it explains why some have started looking for workarounds.
You may have heard that renting for 31 nights or more falls outside tourist rental regulation and therefore does not require a licence. This is partially true, but the reality is more nuanced than it sounds.
The Balearic Tourism Law defines a tourist stay as the commercial rental of a property for short periods, typically under 30 nights, with a tourist intent and for immediate use. However, the law also establishes a presumption of tourist commercialisation when a property is offered furnished, ready to use, for short or medium periods, and no alternative purpose can be demonstrated.
In other words, the length of stay alone does not determine whether a rental is classified as a tourist activity. What matters is the real purpose of the stay.
A German family booking your villa for the month of August, even with a contract stating "seasonal rental", carries a significant risk of being classified as an illegal tourist rental by the authorities. This applies regardless of what the contract says.
There is a legitimate legal framework for renting a property without a tourist licence: the temporary residential rental, governed by Article 3 of Spain's Urban Leasing Law (LAU).
This type of rental is legal when:
A note on the national rental registration number (NRUA): In late 2024, the Spanish Government introduced a mandatory national registration number for all short-term rentals, tourist and seasonal alike, which came into force in July 2025. However, in May 2026, the Supreme Court struck down this requirement (Judgment 620/2026), ruling that the State had overstepped its constitutional competence by creating a national registry that duplicated existing regional systems. The NRUA obligation no longer applies at the national level. The Balearic regional framework, including ETV tourist licensing and its moratorium, remains fully in force and unaffected by this ruling. Given how rapidly this area is evolving, we strongly recommend seeking specific legal advice before making any rental decisions.
The target tenant for this model is not a tourist. It is a professional relocating for a project, a family between homes, a medical specialist on a temporary assignment, or a corporate client.
The Consell de Mallorca has made enforcement a clear priority. Standard fines for illegal tourist rentals currently stand at 80,000 euros per property, with a legal range of up to 400,000 euros for serious or repeat infringements. Liability applies not only to the property owner but also, in certain cases, to any agency or platform that advertises the property.
Since September 2025, a ruling by the Audiencia Nacional confirmed that platforms and agencies can face sanctions for publishing listings without valid tourist registration numbers.
This is not a regulatory grey area. The authorities are actively inspecting, and the penalties are substantial.
We are a holiday rental and property management agency specialising in the north of Mallorca, with over 40 years of experience in the Pollença area. Our portfolio consists entirely of properties holding valid ETV tourist licences.
We do not manage or market properties without a tourist licence for holiday rental purposes. Not because the paperwork is complex, but because we believe the legal and reputational risk to both owners and our agency is simply not justified.
When owners contact us with unlicensed properties, we are transparent about this position.
If you own a property in Mallorca without an ETV licence, here is what we suggest:
1. Get proper legal advice. Speak with a lawyer specialised in Balearic tourism and property law before making any rental decisions. A short consultation is a far smaller cost than a five-figure fine.
2. Explore genuine long-term rental. If your property could serve as a year-round or winter residence, long-term rental under the standard LAU framework is straightforward, well-regulated, and generates stable income without tourist licence requirements.
3. Consider whether the property could qualify for an ETV in future. The moratorium will not last indefinitely. If your property is a detached or semi-detached house (not a flat in a multi-family building), it may be worth understanding what the requirements would be when new licences become available, so you are ready to move quickly.
4. If you are thinking of selling. A property with an existing ETV licence commands a significant premium on the market. If your property does not have one but is located in a desirable area of north Mallorca, our sister division handles property sales and can advise on realistic valuations and buyer profiles.
If your property already holds a valid tourist licence and you are looking for professional management in the Pollença, Port de Pollença or surrounding area, we would be happy to talk. You can reach us at our office on Carrer Roser Vell, 38 in Pollença, or get in touch through our website.
We believe in straightforward advice. Sometimes that means telling you what you do not want to hear.
Prestige Villas · Holiday Rentals & Property Sales, Pollença, Mallorca. Operating since 1984.