a
Print
version

The Court Lifted the Ban on Tourist Accommodation in Palma de Mallorca

  • 8
The judges considered that the municipal ban of 2018 is disproportionate and unnecessary.

On September 16, 2021, the High Court of the Balearic Islands lifted the ban on the provision of tourist apartments in the city of Palma de Mallorca on the grounds that it is "disproportionate and unnecessary". 

The decision was made in response to an appeal filed by the Association for Temporary Rental of Apartments and Houses (HABTUR), which argued that the order was designed in the interests of the hotel industry on the popular Spanish island.

Background

Back in 2018 the mayor of Palma, Antoni Noguera, announced that his government supported a complete ban on renting housing. He said that there is nothing worse than when the residents of the city, who can't afford to stay in it because of high rental rates. According to the mayor of the city, only housing that is located in special protected areas, near airports or industrial zones had to fall under the ban.

Although the judges did not agree with either this statement or the association's claims that the ban violates the principle of equality and the right to private property, they ruled that it violates several EU laws.

The court said that the local government had banned tourist apartments throughout the city, without taking into account the differences between the districts. In addition, the municipal authorities mentioned as the justification for their ban high levels of energy and water consumption, conflicts and noise associated with the tourism sector as a whole, "without determining the parameters and harmful effects on the rental of apartment buildings by tourists".

At the same time, the court agreed that the local government of Palma imposed the ban in an attempt to protect the community, the environment and access to housing, calling it "a laudable goal that should be proportionate and mandatory." However, from that point of view, the authorities could use "less radical" measures to achieve the same goals.

What now? HABTUR has already celebrated the court's decision and now hopes to coordinate its actions with the zoning rules adopted by the government of Palma to allow renting to tourists in some areas of the city. However, the mayor of Palma, Jose Gila, said that the city will appeal against this decision, insisting that there will be no tourist apartments in Palma.

If the appeal of the local government is rejected, the ban on renting housing to tourists will be replaced by restrictions imposed by the administration of Majorca in June 2020. Recall that then the authorities of Majorca imposed a moratorium on new licenses for renting tourist housing. According to this measure, which will be in effect until December 31, 2021, fines for renting out without a license are increasing. For individuals, the fine ranges from €20,000 to €40,000, and for platforms-up to €400,000.

What you can buy in Mallorca right now
Villa for 9 355 200 euro on Mallorca, Spain
9 355 200 €
Villa on Mallorca, Spain
400 sq.m 4 3
Property Investor
Villa for 3 355 670 euro on Mallorca, Spain
3 355 670 €
Villa on Mallorca, Spain
350 sq.m 3 3 3
Incredible tranquility reigns here, a delightful vacation where cicadas crackle, where you can hear the sound of the sea and you can watch incredible sunsets — all this perfectly describes the atmosphere of this luxury villa with sea views on La Mola in Port Andratx. Let yourself be enchanted by the unique atmosphere that surrounds this...
Property Investor
Penthouse for 782 990 euro on Mallorca, Spain
782 990 €
Penthouse on Mallorca, Spain
262 sq.m 3 3 3
The unique penthouse is located on the territory of an exclusive closed golf club in Santa Ponsa, right on the course itself. Penthouse with a living area of 210 m2, consists of 3 bedrooms and 3 bathrooms. The main part of the penthouse consists of 2 bedrooms, each with a bathroom. The master bedroom also has a walk-in closet and access to the...
Property Investor
Villa for 4 982 661 euro on Mallorca, Spain
4 982 661 €
Villa on Mallorca, Spain
593 sq.m 5 5
In an absolute premium location of Sol de Mallorca you will find this modern designed sea view villa. In addition to an open living and dining area with a modern open kitchen, the villa offers a total of 5 bedrooms and 5 bathrooms. The modern pool is surrounded by spacious and sunny terraces. Additionally the villa offers an amazing roof...
Property Investor
Villa for 1 795 000 euro on Mallorca, Spain
1 795 000 €
Villa on Mallorca, Spain
270 sq.m 5 4 5
Residence
Description: new high-tech villa (built in 2018) with sea views, 4 bedrooms - each with its own shower and dressing room, swimming pool (11 x 3.5 m), fireplace. Total area: 270 m2 Living area:​about 220 m2 Terrace area: about 220 m2 Equipment: high-quality materials, expensive hotel. Location:Alcudia is a city in the northern part of...
Estate-Service24
Penthouse for 2 915 000 euro on Mallorca, Spain
2 915 000 €
Penthouse on Mallorca, Spain
173 sq.m 4 3
Residence
The penthouse is a short walk from the sandy bay of Santa Ponsa. The penthouse has a private roof terrace with a swimming pool and fantastic sea views. The apartments are equipped with marble blinds, plumbing, built-in appliances and a wine refrigerator, as well as a smart home system for individual control of lighting, underfloor heating, air...
NF Group
Flat for 1 200 000 euro on Mallorca, Spain
1 200 000 €
Flat on Mallorca, Spain
150 sq.m 2 2
Residence Remote Transaction
A new residential complex located directly on the Paseo Maritimo in Palma. The project combines luxurious interior design with stunning views of the city. Located opposite the sports harbor, the project was conceived with the aim of making the most of the external landscape, providing natural lighting and direct views of the sea and the...
Vartany Group
Townhouse for 299 750 euro on Mallorca, Spain
299 750 €
Townhouse on Mallorca, Spain
128 sq.m 4 2 2
Townhouse in Capdepera 75 km from Palma de Mallorca The cost is 299.750EURO Description ID: NEX589 Area: 128m2 Bedrooms: 2 Bathrooms: 2 Terrace: yes Garden: yes Parking: yes Swimming pool: yes Features: new building, air conditioning, modern high-tech design, storage room, built-in wardrobes, terrace with sea view This...
Buona Realty
Townhouse for 337 900 euro on Mallorca, Spain
337 900 €
Townhouse on Mallorca, Spain
128 sq.m 5 3 2
Townhouse in Capdepera 75 km from Palma de Mallorca The cost is 337.900EURO Description ID: NEX588 Area: 128m2 Bedrooms: 3 Bathrooms: 2 Terrace: yes Garden: yes Parking: yes Swimming pool: yes Features: new building, air conditioning, modern hi-tech design, storage room, built-in wardrobes, terrace with sea view This new...
Buona Realty
Flat for 445 000 euro on Mallorca, Spain
445 000 €
Flat on Mallorca, Spain
110 sq.m 4 3 1
Luxury apartment in Palma The cost is 445.000EURO Description ID: NEX257 Area: 110m2 Bedrooms: 3 Bathrooms: 1 Terrace: 10m2 Features: fully equipped, fully renovated, wooden floors, air conditioning, storage room, gas heating, climalit windows, security system, shared terrace The apartment is located just a 2-minute walk from...
Buona Realty
Flat for 550 000 euro on Mallorca, Spain
550 000 €
Flat on Mallorca, Spain
110 sq.m 4 3 2
Apartment in Palma de Mallorca The cost is 550.000EURO Description ID: NEX592 Area: 110m2 Bedrooms: 3 Bathrooms: 2 Terrace: yes Features: completely renovated, best materials, elevator, air conditioning, new windows, terrace, fireplace This fantastic apartment is located in the center of Palma Real Plaza-Spain The apartment...
Buona Realty
Flat for 750 000 euro on Mallorca, Spain
750 000 €
Flat on Mallorca, Spain
106 sq.m 3 1 2
New apartment with sea view The cost is 750.000EURO Description ID: NEX215 Area: 106m2 Bedrooms: 1 Bathrooms: 2 Terrace: yes Storeroom: yes Parking: yes Features: sea view, high-tech design, equipped kitchen, fitted wardrobes, air conditioning, attic, terrace, storage room, parking This apartment has a large living room...
Buona Realty
House for 745 000 euro on Mallorca, Spain
745 000 €
House on Mallorca, Spain
126 sq.m 4 3 3
New house The cost is 745.000EURO Description ID: NEX590 Area: 126m2 Raft: 200m2 Bedrooms: 3 Bathrooms: 3 Terrace: yes Garden: yes Features: air conditioning, fitted wardrobes, underfloor heating, sea view, communal pool This beautiful three-level house is located in Sa Vinyl, 40km from Palma de Mallorca, close to the...
Buona Realty
Flat for 495 000 euro on Mallorca, Spain
495 000 €
Flat on Mallorca, Spain
110 sq.m 4 3 2
Renovated apartment in Palma The cost is 495.000EURO Description ID: NEX271 Area: 110m2 Bedrooms: 3 Bathrooms: 2 Terrace: yes Features: completely renovated, high quality materials, wooden floors, underfloor heating, air conditioning, new windows, terraces, sauna This fantastic apartment is located in El Forti Palma de Mallorca...
Buona Realty
Flat for 550 000 euro on Mallorca, Spain
550 000 €
Flat on Mallorca, Spain
60 sq.m 3 2 1
Apartment next to the cathedral The cost is 550.000EURO Description ID: NEX 521 Area: 60m2 Bedrooms: 2 Bathrooms: 1 Terrace: yes Features: sea view, cathedral view, air conditioning, underfloor heating, new renovation, modern high-tech design, wooden floors This unique fully renovated apartment is located in the historic center...
Buona Realty
Flat for 1 200 000 euro on Mallorca, Spain
1 200 000 €
Flat on Mallorca, Spain
150 sq.m 6 4 2
Apartment with sea access in Illetas, 10 km from the center of Palma de Mallorca The cost is 1.200.000EURO Description ID: NEX238 Area: 150m2 Bedrooms: 4 Bathrooms: 2 Terrace: yes Garden: yes Swimming pool: 2 Sea view: yes Features: equipped kitchen, terrace with sea view, first line, private access to the sea, garden,...
Buona Realty
Townhouse for 535 000 euro on Mallorca, Spain
535 000 €
Townhouse on Mallorca, Spain
110 sq.m 4 2 2
Townhouse with sea view The cost is 535.000EURO Description ID: NEX528 Area: 110m2 Bedrooms: 2 Bathrooms: 2 Guest toilet: 1 Terrace: yes Parking: yes Swimming pool: yes Garden: yes Features: swimming pool, parking, terrace, fitted wardrobes, garden, next to the sea, air conditioning, sea view This fantastic two-storey...
Buona Realty
Flat for 269 000 euro on Mallorca, Spain
269 000 €
Flat on Mallorca, Spain
52 sq.m 2 1 1
Apartment with garden in Palma de Mallorca The cost is 269.000EURO Description ID: NEX522 Area: 52m2 Garden: 35m2 Terrace: yes Garden: yes Bedrooms: 1 Bathrooms: 1 Features: renovated, air conditioning, private garden This fully renovated apartment is located in the beautiful area of Palma de Mallorca El Terreno, close to...
Buona Realty
House for 625 000 euro on Mallorca, Spain
625 000 €
House on Mallorca, Spain
233 sq.m 6 4 3
House in Badia Blava, just ten km from the center of Palma The cost is 625.000EURO Description ID: NEX546 Area: 233m2 Land area: 500m2 Bedrooms: 4 Bathrooms: 3 Terrace: yes Swimming pool: yes Garden: yes Garage: yes Features: sea view, private pool, garden, air conditioning, garage This beautiful house is located in a...
Buona Realty
House for 2 150 000 euro on Mallorca, Spain
2 150 000 €
House on Mallorca, Spain
1100 sq.m 8 5 3
House in Lloret, 30km from the center of Palma The cost is 2.150.000EURO Description ID: NEX597 Area: 1.100m2 Region: 12.000m2 Bedrooms: 5 Bathrooms: 3 Summer kitchen: yes Terrace: yes Guest house: yes Swimming pool: yes Garden: yes Garage: yes Features: sea view, terrace, built-in wardrobes, elevator This fantastic...
Buona Realty

Source: El Pais

Quoting conditions of Prian.info materials

Share the link:
Tags: Spain, Real Estate, Elite real estate, Tourism, Rent

Read also

Eurostat has published statistics on changes in housing prices in the EU for the third quarter of 2023
The dynamics differ when comparing the results with the third quarter of 2022 or the second...
Spain is considering to tighten the golden visa rules for real estate investors
This information was confirmed by sources from the Ministry of Economic Affairs and the Ministry...
Catalonia will limit the issuance and set a five-year limit on tourist apartments licenses
The new rule will come into force in 262 cities, including Barcelona.
European lawmakers have agreed on a draft regulation for data collection and sharing for short-term rental services
The landlords and online platforms will have to send monthly reports to the authorities.
The supply of residential real estate in Spain is declining
In the third quarter of 2023, the number of residential units available for purchase has...
Spain has lost a third of rental housing stock in six months
Real estate agencies are warning that the country's lack of affordable housing is creating a...

Interesting to read

News and articles on the topic «Spain»

EU tourism performance exceeds pre-pandemic levels

The number of nights spent in EU tourist accommodation reached 2.9 billion in 2023.

  • 12.03.2024
  • 24

Real estate of Spain, Italy, Montenegro and Cyprus - the most popular countries in Southern Europe. The main trends of 2023 and forecasts for 2024.

Our partners - realtors and developers – have told us about the main trends in the real estate...

  • 24.01.2024
  • 102