The Council of Mallorca maintains that virtually all of the properties classified as illegal holiday lets by the Spanish housing ministry are in fact legal. Out of 1,341 on accommodation websites, only twelve, according to the Council, are illegal.
The tourism department argues that confusion has arisen due to the entry into force of a royal decree which established the obligation to obtain a Unique Registration Number (NRU) in order to advertise accommodation on websites. The housing ministry has denied this registration to 2,373 properties in the Balearics (1,341 in Mallorca) that have not obtained the number because they did not meet legal requirements.
The Council insists these homes are legal as they have its permits. The problem lies in the fact that they lack one or both of the two documents that the decree requires must be submitted with the application: the Single Registry Code and its cadastral reference. Obtaining these documents involves minor administrative procedures.
The tourism department believes that a significant part of the holiday rental sector is being "criminalised" when it is in fact operating legally and in accordance with regulatory requirements until now. All they need to do is to update the new documentation that is now required.
The department's findings confirm the suspicions of the Habtur association for holiday rentals. Last month it stated that it believed the vast majority of the lets were legal. The twelve cases the Council has identified are now subject to sanctioning procedures.
Meanwhile, the Council is encountering issues in respect of short-term rentals of between one and twelve months. The housing ministry's system was created with the aim of establishing regulation mechanisms for both tourist accommodation and that intended for temporary residential rental. However, these properties are ending up being marketed as holiday lets, another element that adds complexity to the fight against illegal supply.