Note

Tourist rental licence in the Balearic Islands (ETV)

§ 1What we read

We read Decree-law 4/2025 of the Balearic Islands, of 11 April, against illegal supply, with transitional measures and for tourist quality, as published in the Spanish official gazette in July 2025. Our tool cut the text after the fifth article, so the transitional provisions and parts of the later articles are known only from the preamble. A resolution of the Balearic Parliament validating the decree appears in the gazette index. This page belongs to the chapter in holiday rentals for buyers.

§ 2Definition

The decree amends the tourism law so that a tourist stay in a dwelling is the temporary transfer of the whole dwelling, with a maximum stay of one month, which is exceeded when thirty nights are passed. Owners and marketers must deal with the administration electronically. Island councils can order the immediate and indefinite cessation of tourist activity in residential buildings without the required authorisation, with coercive fines.

§ 3Freeze on places

The decree suspends temporarily in Mallorca, Ibiza and Formentera the possibility of acquiring tourist places from the administration, and exchanges between private parties for starting or expanding activity. Four exceptions allow exchanges, among them a change of use, voluntary closure of a licensed tourist dwelling with the places moving to a new dwelling, and transfers between dwellings of the same owner. The suspension lasts until the island’s carrying capacity is evaluated.

§ 4Buildings under horizontal property

The preamble describes a ban on new declarations for dwellings in buildings under horizontal property, except detached and semi-detached types. It excludes the rental of a main residence and lets dwellings already authorised for fixed periods renew if requirements are met, subject to the municipality’s view or the community’s permission. The operative text was not in the part we read.

§ 5Fines

Minor infringements are sanctioned with a warning or up to 5,000 euros, serious ones with 5,001 to 50,000 euros, and very serious ones with 50,001 to 500,000 euros. Advertising or marketing stays in dwellings that do not meet the requirements, or without the declaration, is an infringement. Aggravating factors include activity on protected rural land and repetition. Fines can be reduced by up to eighty per cent if the dwelling is ceded for price-limited or social rental for at least five years.

§ 6Liability

Owners, marketers and tenants are responsible, with the tenant liable unless proved otherwise. Where participation cannot be determined, liability is joint. Channel operators are liable under the e-commerce law.

§ 7Closure

A closure order can be served on the operator, owner or tenant. Repeated non-compliance brings coercive fines, and persistent non-compliance goes to the public prosecutor.

§ 8Before you buy

Do not assume that a licence or a place can be bought. Ask your lawyer for the operative text and the island council’s position. A closer look at the community vote explains the community’s approval and vote, and a closer look at the national registry number explains why the national number was annulled in 2026.

§ 9More on this topic

A closer look at letting on Airbnb explains the platform side of tourist lets and a closer look at the Valencian Community explains the Valencian rules for tourist dwellings.

A closer look at Andalusia explains what the Junta says about tourist dwellings and a closer look at Catalonia explains the Catalan decree-law on tourist dwellings.

What to know about the Canary Islands explains the Canary law on tourist use of homes and what to know about Madrid explains the Madrid rules for tourist dwellings.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.