The study of the Balearic Tourism Law by the University of the Balearic Islands has found that it exceeds its competences in the regulation of property rights.
Due to the ever-increasing number of tourist rentals of apartments and houses, in 1984 the Balearic Islands became the first autonomous community in Spain to regulate this sector. Law 4/2013 of July 4 expressly exempted the private tourist rental of apartments from the state law on urban rental contracts, which led to a sharp increase in regional legislative activity.
In his dissertation "El régimen de la vivienda de uso turístico como manifestación de la 'nueva propiedad'" (Alaró, 1992), Joan Andreu Ferrer dealt extensively with these regulations on tourist rentals. He does this in particular against the background of property law. He comes to the conclusion that the Balearic government has overstepped its authority here. The determination of time limits for tourist rental contracts is subject solely to state competence and exceeds autonomous powers.
The autonomous community can only regulate administrative aspects within its competence. For example, regarding a permit. But it cannot legislate on the subject matter and duration of tenancy agreements. According to Ferrer, this is where the boundary is overstepped.
A complaint against the regional regulation on tourist rentals in the Canary Islands has already led to case law. So far, however, the Balearic regulation has not been challenged by the central government. However, this does not seem entirely unlikely in the future, as other autonomous communities are also encroaching on state competences.
Author:
Dr. Dominic John Patrick Porta, LL.M.
Attorney at Law (Düsseldorf Bar Association n° 52954)
Abogado (ICAIB n° 6645)
dominic.porta@anwaltmallorca.eu
www.anwaltmallorca.eu
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