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PROPERTY

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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TOURISM

FACT CHECK: No, Spain’s Balearics haven’t banned tourists from drinking alcohol

Over the last few days, there have been a slew of sensationalist headlines mainly from UK media stating that Mallorca and Ibiza have banned alcohol.

FACT CHECK: No, Spain's Balearics haven't banned tourists from drinking alcohol

Anyone having read the news about Spain in the UK over the past few days would be forgiven for thinking that drinking alcohol had been completely banned on the ‘party’ islands of Mallorca and Ibiza, but that’s not exactly the case. 

GB News went with ‘‘I cannot believe this!’ Britons fume at ‘tough’ new alcohol restrictions in popular parts of Spain’, while the Daily Mail wrote: ‘A kick in the Balearics for boozy Brits’.

Euronews reported ‘No more ‘sun, sex and sangria’ tourism in Ibiza and Mallorca under new alcohol laws’ and The Drinks Business simply said ‘Balearics bring in booze ban’.

It’s easy to understand why holidaymakers are confused and there has already been quite a lot of backlash, particularly from Brits.

Most of these articles concede further down that the truth is that the islands have only updated and toughened up laws on drinking in the street, and have also put a stop to shops selling alcohol late at night.

All this is in a bid to try and curb anti-social behaviour which many locals have been protesting against recently.

In fact, the rules don’t even apply to the whole of the Balearics or even the whole of Mallorca and Ibiza, they only apply to three resorts in Mallorca – Palma, Calvià and Llucmajor and one in Ibiza – Sant Antoni de Portmany.

As well as a ban on drinking in the streets in these areas, shops in these locations will also be forced to close between 9.30pm and 8am.

It’s not only that they will be banned from selling alcohol between these times, like many reported, but that they will have to close completely. 

The Governing Council of the Balearic Islands approved the modification of the Decree Law 1/2020 at the proposal of the Minister for Tourism, Culture and Sports, which regulates ‘excess tourism’.

The changes aim to promote responsible tourism and the improvement in the quality of tourist areas.

The ban also extends to one nautical mile or 1.85km off the coast, in a bid to put a stop to party boats from coming in too close to shore or picking up extra passengers.

This doesn’t mean that you can’t drink at all at night. Bars, clubs and restaurants in these resorts will still be serving booze late into the night, you just can’t walk down the street with your bottle of beer.

Anyone found breaking the rules will be subject to fines between €500 to €1,500.

The government of the Balearics also approved an annual spending of €16 million from tourist taxes which will be allocated for the modernisation and improvement of these areas and enforcing the ban.

The new laws came into effect on May 11th and the government has confirmed that they will be in effect until at least December 2027. 

What has changed from before?

The new decree reinforces laws that were brought in in 2020 banning alcohol offers such as two-for-one drinks, happy hours and bar crawls in these areas. These will also be extended until 2027. 

The prohibition of alcohol sales between 9:30pm and 8am was also already in place, but now the shops will be forced to close entirely.

The main change that will affect holidaymakers will be the ban on drinking alcohol on the streets.

Nothing new

But this is nothing new when it comes to Spain. Aragón, the Canary Islands, Cantabria, Castilla y León, Castilla-La Mancha, Catalonia, Valencia, Extremadura, Madrid and La Rioja all have some type of ban on what is known in Spain as botellón, essentially drinking alcohol with friends in a public place (street, square etc).

The Balearics are simply catching up to a large majority of the country, where this is already the norm.

All of this comes on the tail of mass complaints from the locals, particularly in Ibiza, where residents are planning to take to the streets at 8pm on May 24th to call on authorities to act on the impact tourism is having on locals’ living standards.  

It started with calls online to “imitate the protests that took place in the Canaries” in April, with many locals feeling that the issues that Ibiza faces are even worse than those of the Atlantic Archipelago. 

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