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EXPLAINED: The new housing law in Spain’s Balearic Islands

The Balearic government has approved a new law which includes numerous creative measures aimed at combating the Spanish archipelago's unaffordable house prices and rents, as well as the overall lack of housing.

EXPLAINED: The new housing law in Spain's Balearic Islands
Spain's Balearic Islands create new housing law. Photo: Mike Kit / Pexels

The Balearic Parliament approved the law on urgent measures on Tuesday April 16th, based on the decree approved by the Government of Marga Prohens last October.

The new legislation aims to increase the supply of housing available in the Balearic Islands, made up of Mallorca, Menorca, Ibiza and Formentera, at affordable prices and without building on new land. 

It primarily targets the middle and working classes and young people, who are the most affected by the lack of housing.

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The Decree enables a set of measures to generate the creation of new homes at reasonable prices, as well as measures to help combat the fight against illegal tourist rentals, in order to recover homes for the residential market. These include:

Turning commercial properties into residential ones

The new decree enables existing premises such as commercial or administrative buildings, both ground and upper floors, to be converted into Limited-Price-Housing (HPL).

Division of existing homes

Existing homes will be divided to create new HPLs, through an increase in maximum densities, both for old buildings and in undeveloped plots with permitted multi-family and single-family residential uses.

Building up

It also allows existing buildings to be extended and built higher so that more land isn’t being taken up. This is primarily on plots with permitted multi-family residential use.

READ ALSO: Spain urges regions to limit Airbnb-style lets in ‘stressed rental areas’

Building on land earmarked for other use

The law also states that new housing can be built on land that was intended for private facilities that have not yet been developed or protected housing on plots for public facilities.

Changing tourist rentals into residential properties

Obsolete tourist establishments will be converted into residential properties in order to create more limited-price housing.

Creation of social housing

The law also expands upon the special regime already in force that allows for the creation of social housing in unfinished buildings with an expired tourist licence, in a dilapidated state or uninhabitable. The plan is to recover these structures so that they can be renovated turned into used low-cost housing.

Building of co-living spaces

The Decree Law also introduces a new category of accommodation with complementary common spaces such as co-living and co-housing. This has been created in response to new models of coexistence, for example for students or for the elderly. It aims to grant habitability certificates to homes that meet these conditions, regardless of the urban planning situation.

Another measure that has been negotiated between the parliamentary groups, is to reserve more housing for young people and to facilitate access to housing for workers in the tourism sector.

It will also regulate the habitability conditions of staff accommodation and accommodation with common spaces.

READ ALSO: Spain’s Balearics struggle to fill job vacancies due to exorbitant rents

Who will be able to access Limited-Price-Housing?

Those who are eligible to rent or buy these types of properties must meet a series of requirements.

They will need to be of legal age and must have permanent residence in the Balearic Islands. They also cannot already fully own a home.

In order to apply, the beneficiary will have to submit an online registration and responsible declaration to the General Directorate of Housing and Architecture.

It must be signed by the buyer or tenant, within a period of thirty days from the formalisation of the private contract, in which it must be declared that the HPL home will be used as a habitual and permanent residence and that the buyer/tenant meets the established requirements.

What types of properties will be available and how will it work?

These properties will be for sale, for rent or for rent with an option to buy, and it is established that these homes will maintain their HPL status permanently. Transfers of ownership and use are permitted at any time, as long as the required access conditions are met.

Two types of prices will established. For example, in the case of 60 m² and 80 m² homes, the various price ranges of HPL, depending on the municipality and the energy efficiency of the homes, would range between €102,000 and a maximum of approximately €241,000. In the cases of new construction, between €121,000 and about €285,000.

In the case of rental for homes of 60 m² and 80 m², the limited prices would be between €385 per month in the lowest sections up to a maximum of about €905. If it is a new construction, the rental prices of these two examples would range between €455 and €1,070.

READ ALSO: The cities in Spain where people fight most over a place to rent 

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MADRID

Madrid to suspend holiday-let licences as rent prices spiral

Madrid City Hall has announced it will temporarily suspend the granting of new licences for so-called tourist apartments in a bid to rein in a ballooning industry that's impacting prices and stock of long-term rents in Spain's capital.

Madrid to suspend holiday-let licences as rent prices spiral

Madrid authorities also announced they will not authorise the transformation of commercial properties into tourist accommodation in the centre of the city and will increase the fines for tourist properties that do not comply with regulations.

Madrid, like many other cities in Spain, has been suffering from a rise in illegal tourist accommodation with thousands swiftly popping up across the capital.

One of the main obstacles for regulators is how difficult it is to find out exactly how many there are. Madrid authorities have counted 14,699 tourist establishments in the city, 92 percent of which are for tourist accommodation. But, only 941 of these have a municipal licence, meaning the rest are illegal.

READ ALSO: Why Madrid is struggling with its explosion of illegal holiday lets

According to the Inside Airbnb platform though, there are 25,543 tourist apartments listed in the city.

In order to combat the issue,  Madrid City Hall will increase the amount of fines for owning and running one of these illegal holiday lets.

They will set the first penalty at €30,000, the second at €60,000 and the third level at €100,000. Those committing serious infringements or who keep renting out their flats without licences, even after warnings, may have to pay up to €190,000.

Current fines are only €1,000 for the first infringement. If they still don’t comply, a second fine of €2,000 is issued, and if the situation persists, a third penalty of €3,000 will be given.

The number of inspectors to check on tourist rentals will also be increased by 15 percent, up to 75.

In order to help holidaymakers know whether or not an apartment they’re interested in is legal or not, the city will also publish a list of flats with licences and their location on an official website.

“People who want to stay will know if they are in a legal or illegal accommodation and the consequences that may arise because of this” explained Mayor José Luis Martínez-Almeida.

In early 2019, former mayor Manuela Carmena approved a special Accommodation Plan to regulate tourist accommodation in the city. The new rule established among other requirements that tourist apartments should have an independent entrance from the rest of the neighbours.

According to her calculations, this would affect 95 percent of holiday lets in the city, essentially rendering them illegal. The rule was appealed by the sector, but the courts ended up agreeing with the City Council in 2021.

These rules were found to be insufficient as many holiday lets have continued to operate in the capital without a licence, and in late 2023 Martínez-Almeida promised to create new ones. 

Initial approval of the new plan is scheduled for September 2024 and final approval is expected to be in the first half of 2025. 

READ ALSO: Who really owns all the Airbnb-style lets in Spain?

The problem is not only the number of tourist rentals, but the issues they cause for residents. The Inspection and Disciplinary Service received 51 percent more complaints in 2023 than in 2022 that involved homes and apartments for tourist use: 686 compared to 454. 82 percent of which came from citizens.  

Of the total inspections carried out (4,093), it was verified that 478 homes were dedicated to tourist use and 243 were for residential use.

Not everyone is in agreement with the new plan. The Regional Federation of Neighbours of Madrid (FRAMV) believes Almeida’s plan is not enough and that the regulations should apply to the entire municipality not just the central areas.  

The spokesperson for Más Madrid in the City Council, Rita Maestre, has also spoken out against the plan. Maestre believes that the vast majority of tourist apartments already operate freely without a licence, and that the new legislation will do little to change that.

For Exceltur, Spain’s main tourism and hotelier association, there is not enough inspection capacity anywhere in Spain to be able to control that legislation is complied with.

Spain’s Housing Minister Isabel Rodríguez recently called on the 17 regional governments to implement restrictions on short-term holiday lets in areas where rents for locals have spiked, as the national government continues to look for ways to address the country’s housing crisis.

“Wherever there is a greater concentration of apartments for tourists, there is also pressure in the property market ,” Rodríguez said.

Even Madrid’s populist regional president Isabel Díaz Ayuso, whose policies are usually in favour of “freedom” and liberalisation, has said that they “are studying how to regulate holiday accommodation so that higher prices do not expel neighbours”.

Average monthly rent prices in Madrid currently stand at €20.7 per square metre, after registering an increase of 18.2 percent over the last twelve months and 4.8 percent in a quarter-on-quarter rate.

“Vacation rentals are having an impact on the market, especially in the historic centres of cities,” Madrid’s general director of Housing and Rehabilitation of the Community María José Piccio-Marchetti Prado, told Business Insider Spain.

“In Madrid you see it around Puerta del Sol, Plaza Mayor… where there are many tourist homes”.

READ ALSO: Which cities in Spain have new restrictions on tourist rentals?

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