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PROPERTY

EXPLAINED: The plans to limit foreign property buyers in Spain’s Balearics

The Balearic government has agreed to debate whether limiting the number of properties that can be bought by non-resident foreigners would benefit the archipelago. Here's what we know so far.

balearic islands limit foreign property buyers
A man takes a photo of Ibiza town. The Balearic Tourism Minister believes that at the current rate the islands risk becoming “the second residence of Europe". Photo: Go to Ferran Feixas's profile Ferran Feixas/Unsplash

The Balearic Islands government is proposing limits on the number of properties that can be bought by non-resident foreigners on the popular islands of Mallorca, Menorca, Ibiza and Formentera.

In the regional parliament on Wednesday, Minister for Labour, Tourism and Industry Iago Negueruela pushed the motion, calling for a “deep debate” on how to limit the purchase of homes on the Balearic Islands to non-residents and people who have been living in the archipelago for less than five years.

The Balearics, long a holiday getaway for wealthy Northern Europeans, has seen a boom in the number of second homes bought by non-resident foreigners in recent years.

The regional parliament has approved a motion to introduce limits, part of a broader initiative to curb overpopulation and property saturation on the islands.

It is yet to outline a concrete policy on how exactly these property purchase limits would be enforced by law.

Foreign buyers

So why would the government want to bring down the number of foreign buyers on the Balearics?

In the two decades from 2000-2020, the islands’ population total has grown by 50 percent – rising from 823,000 to 1,223,000 inhabitants.

Around a third (32.67 percent) of property purchases in the Balearics are made by foreigners, and of those 57.4 percent are residents, while the remaining 42.6 percent are non-residents.

This growth has placed great stress on the housing sector, and the boom in foreigners looking to buy property on the island in recent years has made housing far less accessible for locals. “The Balearic Islands,” Negueruela said, “can’t be a theme park where the people of our islands don’t have a place.”

The Balearic government has pointed to examples of similar housing protections around Europe – in particular Finland, Denmark and Malta – that limit the number of properties sold to non-residents to help regulate the market and protect the purchasing power of local residents.

Negueruela has said that if nothing is done, and the policies of former regional president Gabriel Cañellas are followed, the islands will become “the second residence of Europe.”

Opposition

The proposals have met some opposition, however. The Balearics, which generates 35 percent of its GDP from tourism, according to figures from Caixa Bank, has long been a holiday or second-home hub for wealthy foreigners.

On this point, right-wing Popular Party member Sebastià Sagreras suggested in the regional parliament that conflating the foreign-buyer property market with local shortages is unhelpful, adding that the properties bought by foreigners, often worth more than a million euros, “do not compete” with those that cost €200,000 or €250,000 and are largely bought or rented by national residents.

Unsurprisingly, estate agents are opposed to the proposed changes as well. The real estate market makes up a sizeable proportion of the Balearic’s GDP, and they argue that interference in the free market would lead to an increase in unemployment and a fall in tax revenue on property transfers, one of the taxes that draws in the most to the public coffers.

The International Balearic and Real Estate Association, ABINI, have even cast doubt on the legality of the motion, suggesting the Balearic parliament is moving ahead with the proposals “without legal validity, nor real effects on the limitation of the sale of real estate to foreigners. This limitation violates national and European regulations, and will generate more confusion than solutions.”

Change of model

The proposals come amid broader attempts at reconfiguring the Balearics’ tourism model, hoping for a move away from being so dependent on monied foreigners towards a more sustainable model.

The Parliament has already supported a policy to limit the entry of rental cars in Mallorca, Menorca and Ibiza, a measure that has been enforced in Formentera for the last four years. During the summer months, the Balearic Islands welcomes not only thousands of tourists but cars, especially rental cars, which congest the road networks and damage natural environments such as the archipelago’s many beaches and coves.

Furthermore, the port of Palma de Mallorca has limited the number of cruise ships that can dock there – capping the maximum at three per day can, of which only one can exceed 5,000 passengers.

Plans to decrease the number of hotel rooms on the Balearics have also been green lit by the government. A total of 625,000 hotel places are currently available across the islands. To put that in perspective, the Balearics have 1.2 million residents, meaning there is roughly one hotel bed for every two inhabitants on the Balearic Islands.

The hope is to get rid of around 40,000 of them, mainly in smaller, cheaper hotels popular in the ‘booze’ tourism trade.

Given the Balearic government’s already proactive approach to creating a more sustainable tourism model, and the fact that it’s the islands’ tourism minister that’s pushing for this latest measure, there is a high chance that budding second-home owners in Mallorca, Menorca, Ibiza and Formentera could soon face restrictions.

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RENTING

Has Spain’s Housing Law completely failed to control rents?

Spain's landmark housing legislation was supposed to control rents and put greater power in the hands of tenants. A year on, experts wonder if it's really working.

Has Spain’s Housing Law completely failed to control rents?

In May 2023, Spain’s Housing Law (Ley de Viviendas) came into effect. It was an ambitious and wide-ranging piece of legislation that sought to regulate rising rental costs, implement price caps in some cases, and also forced landlords to pay agency fees and levied tax penalties on big property owners who maintain empty units, among many other things.

The legislation came in response to long-term concern among Spaniards about the state of the property market, and was portrayed by the government as a piece of flagship policy. However, even then, some on the Spanish right and in the property market were sceptical and warned of unintended consequences.

Well, it seems they may have been right. Experts now warn that the law, if anything, has worsened conditions for renters: new regulations have scared off landlords and pushed them into the tourist market, which has reduced supply and put up prices, in some cases to historical record highs — exactly the opposite of what the law was intended to do.

So a year on, has the Housing Law worked? What effect, if any, has it had on the market?

READ ALSO: Five key points about Spain’s new housing law

Has Spain’s Housing Law completely failed to control rents?

Even if we consider the Housing Law on its own terms (which, put simply, we can understand as wanting to control rising rents) it seems to have fallen short of its objectives so far. And it’s not just political opponents of the government saying this; it’s property experts, landlords, and even some renters themselves.

Writing in Idealista, Spain’s leading property website, David Marrero states that “during its first year in operation,” Spain’s Housing Law has succeeded in “generating even more doubts and uncertainty among landlords and tenants, which has meant that the supply of regular rental housing is declining compared to the increase in other types of rentals, such as temporary or room rentals, which have been left out of the regulation of this Housing Law.”

As a result of the fear of heightened regulation among landlords, many have left the traditional market and turned to tourist rentals, which are far more lucrative. 

READ ALSO:

José María Alfaro, President of Spain’s Federation of Real Estate Associations (FAI) told 20 Minutos that supply decline is caused by “fear” among smaller landlords due to a “lack of legal certainty” which has led to a “progressive and significant flight” of long-term, affordable property from the rental market.

In the last year, the supply of permanent rental properties has fallen by 15 percent, compared to a 56 percent year-on-year increase in tourist rentals, which now account for 11 percent of the total market, according to the latest data from Idealista. Experts say this is due, in part at least, the Housing Law.

The stats in some Spanish cities are pretty staggering. According to a study by Idealista, 30 percent of the rental supply in Barcelona is now tourist accommodation, while in Madrid it stands at 15 percent and in Málaga it accounts for 13 percent of the stock.

Often in Spain these sorts of tourist rentals and Airbnbs are unlicensed, so the true figures are likely higher.

This pushes up demand for the dwindling rental stock. According to figures cited by Spanish daily El Mundo, in 2023 there were on average 17 applicants per property advert in the first quarter of the year. In 2024, there are now 27 interested parties per advert. 

Stock down, prices up

On top of that, as The Local has reported previously, Spain’s various rental caps, freezes and housing law rules have done little to stop rents rising.

In cities across Spain, prices have skyrocketed. Year-on-year figures showed that rents soared in 2023, particularly in major cities. In Valencia rents went up by 22.1 percent, and in Alicante (18.6 percent), Barcelona (18.1 percent), Málaga (17.9 percent) and Madrid (10. 7 percent).

José Ramón Zurdo, Director General of the Rental Negotiation Agency (ANA), told Idealista that there has been a noticeable change since the Housing Law was passed: “We have noticed that since the Housing Law was passed, the rental supply has decreased considerably, and this has led to an increase in the rents charged by landlords.”

FAI figures estimate that the volume of properties on the long-term rental market has fallen by more than 30 percent since the law came into force and, consequently, prices have risen by more than 12 percent on average.

READ ALSO: Spain’s rent freezes and housing law fail to prevent price rises

Stressed areas

Another key branch of the Housing Law was the creation of ‘stressed’ rental zones, which must meet one of two criteria: areas that exceed the Consumer Price Index (CPI) of their respective province by five points, and where families dedicate more than 30 percent of their salary to paying rent. 

However, data reveals that 2,298 areas of Spain are considered ‘stressed’ per the criteria (20.83 percent of the entire country) but for the moment only Catalonia has tried to properly implement them. In practice, one year into the Housing Law, the stressed area tool has only had a material impact on new rental contracts in less than a third of the municipalities across the region.

Regions governed by the right-wing Partido Popular have refused to implement it, describing the idea as a “mistake.” Interestingly, neither have any of the Socialist (PSOE) led-regions, which suggests that even the regional parties themselves may think the law (designed and implemented by their party at the national level) at best difficult to implement, and, at worst, a failure.

A failure?

A year is not a long time to judge long-term impacts of legislation. That Catalonia is the only region to really try and implement the policy makes it difficult to draw rounded conclusions, and the problems it’s trying to address are deeply rooted, structural issues in the Spanish property market. But the signs aren’t great so far.

Judging the law on its own terms, the aim to regulate rents seems to have failed. A more charitable interpretation would be that the law needs time to bed in and take effect, but with increased regulations on landlords, many have turned their properties into tourist accommodation, a growing sector outside the scope of the law — another key problem with the legislation.

The law seems undoubtedly well intentioned. Spaniards around the country are struggling with rising rental costs, and putting together legislation to try and help them seems sensible.

However, if the unintended consequences deplete housing stock and cause prices to go up, it seems difficult to conclude the Housing Law has been a resounding success so far. 

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