The central government opens the door to the ban of the 'nautical Airbnb' in the Balearic Islands

A royal decree in the pipeline will limit the temporary rental of private boats at the request of the autonomous communities due to saturation or environmental impact.

The central government has opened the door to restricting the so-called 'nautical Airbnb' in the Balearic Islands through a new royal decree in the pipeline that will limit the temporary rental of private boats in saturated areas, at the request of the autonomous communities.

• The PSOE insists that the Balearic exception to yacht charter will be approved before the season
• The 'nautical airbnb' does not take root in Ibiza and Formentera despite initial fears

The draft regulation, currently in the public consultation phase until 10 April, contemplates that the Directorate General of the Merchant Navy can restrict the number of authorisations for the change of use from private to commercial vessels, when there is saturation of maritime traffic or environmental risks.

The text put on public display for about 20 days establishes that it will be the autonomous communities themselves that can request these limitations depending on their territorial reality, which opens the way for the Balearic Islands to promote restrictions in the face of pressure on their coastline.

Specifically, the draft provides that when the volume of maritime traffic generates situations of saturation, authorisations may be limited based on criteria of safety, protection of the marine environment and maritime traffic management.

This measure responds to the need to manage areas with a high concentration of boats, especially during the months of greatest tourist activity, where safety problems or environmental impact may occur.

The promise of the PSOE

The socialist deputy for the Balearic Islands, Milena Herrera, has confirmed to La Voz de Ibiza that this step corresponds to the process announced months ago and that it will allow action on this activity.

• Judicial blow to the 'nautical Airbnb': the TSJB endorses the regional decree that prohibits the tourist rental of private boats
• The Balearic nautical sector closes ranks with the new decree and dismantles criticism of the alleged economic impact

"It is the public consultation process that the Ministry of Transport has open, as we announced from the PSIB and as corroborated by the Secretary General of Air and Maritime Transport in committee," he said.

At that time, the Secretary General of Air and Maritime Transport, Benito Núñez, had advanced that the Balearic Islands would be able to limit the commercial rental of private boats, although since the entry into force of the Regulation of Maritime Navigation "only two have requested it and none of them have been authorized" since the entry into force of the state regulations on August 15.

Núñez explained that "a total of 17 applications have been received for all of Spain. Of these, two for the Balearic Islands. And of those 17 applications, two clearance authorizations have been granted, none of them in the Balearic Islands. The volume is far from being an avalanche of boats in this temporary use of the rental regime that some predicted".

Defense of limiting pressure on the coast

In this sense, the socialist deputy explained to this media that "it is about giving the autonomous communities the possibility that, for reasons of saturation, as is the case of the Balearic Islands, they can ask the Ministry to limit the authorizations for change of list", preventing private boats from going to commercial use under the temporary regime of three months.

Herrera insisted that, although the current data do not reflect a high impact, the objective is to prevent an increase in pressure on the maritime environment.

• The war for the 'nautical Airbnb' breaks out in the courts
• Parliament pressures the Government to stop the 'nautical Airbnb' in Ibiza and Formentera

"As we have already said, the data for the first year have shown that the situation was in no way alarming because the permits that have been granted have been almost symbolic. But we defend that, indeed, coastal areas such as the Balearic Islands do not need more saturation and, therefore, we made arrangements with the Ministry so that it understood the sensitivity of our Autonomous Community".

The deputy has also responded to political criticism about the lack of progress in this regulation. "The PP at all times has questioned the Ministry's willingness to make this limitation. The process is underway and ends on April 10. Then, within the period that the Ministry deems appropriate to take into account and incorporate or not the suggestions that it may have received, the royal decree will be approved and it will be definitively regulated".

Other modifications

The draft royal decree also specifies how this activity is regulated, establishing that "during the period of commercial use, the ship or recreational boat will be managed by a company dedicated to nautical leasing", which will assume the management through a specific contract.

In addition, it establishes that "the authorization will be granted for a maximum period of three consecutive months in each calendar year", within the regime that allows the temporary change of use of private to commercial vessels.

The text stresses that "in no case may the ship or vessel be used for an activity other than nautical leasing" and that the owner may not provide service on board during that period, except in the case of professional crew.

A change after the December decree

This new regulatory step comes after the royal decree approved on December 26 did not finally include a specific exception for the Balearic Islands, despite the political commitments announced.

This regulation allowed the temporary change of private vessels (list seven) to commercial use (list six) for a maximum of three months a year, which generated rejection in the sector and in the Balearic Government due to the risk of increased activity.

However, the Executive had already advanced that it was working on a specific regulation for territories with saturation, a path that is now materialized with this project on public display.

SOURCE: La Voz de Ibiza