As of January 1, Spanish regulations allow private owners to rent out their boats for up to three months a year.
A measure opposed by the nautical sector in the Balearics and by the Balearic Government, regional regulations will continue to apply. These include having an authorised location for passenger embarkation and disembarkation, while private owners considering renting out for tourism purposes risk losing their moorings at ports that are run by the Balearic Government. The state ports - Alcudia and Palma in Mallorca - are a different matter.
The director-general of maritime transport, Toni Mercant, accuses the Spanish Government of "giving in to the interests of a Madrid-based real estate company, lista séptima.com" by changing national regulations to allow the tourist rental of private boats for three months a year - a model that mirrors the holiday rental of apartments. "What the government is doing is unprecedented and unheard of, favouring private interests that speculate with public land. There is no need to add more boats to the rental market in the Balearic Islands than are already available."
The Balearic Government is not hiding its concern about the consequences that legalising what is being called 'nautical Airbnb' will have for the islands: "a high cost to safety and environmental conservation".
The charter sector echoes this sentiment. Pedro Gil of the charter companies association says: "All these boats will now be leaving every day at 10am and returning to port at 6pm. That will create chaos for anchoring, for entering and leaving the ports, and for facilities like those for refuelling. It's madness."
The association has been denouncing 'intrusion' into the sector for years. Gil explains that this has increased since the pandemic, blaming "economic opportunism" by non-professionals. Companies in the boat charter business, he points out, need professional certifications guaranteeing their knowledge of current regulations.
The legalisation of 'nautical Airbnb' will have economic consequences in the Balearics. "The price of moorings will skyrocket even further, for both companies and individuals. While professionals will maintain their rates in the market for rentals, this entire new market, lacking professionalism, will drive prices down. It's something that will be short-lived because the numbers won't add up, but it will take its toll on everyone," says Gil.
Meanwhile, the courts have become involved. The Spanish Government has filed an appeal against the regional regulations in the Balearics. Toni Mercant explains that this hasn't as yet resulted in a court instructing the regional government to cease applying its regulations. "If a judge tells us that the decree for this must be modified, we will obviously do so. In the meantime, we are defending the Balearic Islands' position, which is supported by the sector."