The Balearic government has enacted various measures with the aim that tourism on the islands becomes more sustainable and environmentally friendly. Also the vacation rental in Mallorca is affected by this. In this article we briefly summarize for you what are the most important innovations of the tourism law for operators of vacation rentals in this regard.
Article 102 of Law 8/2012 of July 19 regulates so-called environmental and resource efficiency measures. The scope of this legal regulation is broadly defined. Thus, the measures mentioned therein first affect accommodation establishments in the Balearic Islands that belong to the accommodation groups. These are, among others, hotels, city hotels, apartment hotels and lodging establishments in the interior of the country. However, vacation homes, rural tourism lodging establishments (such as rural hotels and agritourism), as well as homes marketed as tourist or vacation homes and of the single-family house, semi-detached house and duplex construction type also fall within the scope of this regulation.
In particular, Art. 102(a) obliges them to eliminate heating systems that run on fuel oil or gas and to replace them with energy sources that reduce environmental pollution. The only exception to this obligation is when replacement is demonstrably not possible.
In addition, Article 102(b) obliges the establishments falling within its scope to equip their toilet cisterns with so-called double pushbuttons or pushbuttons with the possibility of interrupting the flush.
They must also have water-saving devices on the taps of washbasins, bathtubs and showers. All of this also applies explicitly to all types of accommodation marketed as tourist or vacation accommodation, as well as catering and entertainment establishments within the meaning of the tourism regulations.
Finally, Article 102(c) regulates the general prohibition of disposable toiletries. In particular (but not limited to) these include razors, toothbrushes, dental floss, nail files, shaving foam, shampoo, moisturizing skin cream, shoe polish, combs, hair conditioner, body oil and shower caps). These may be provided to customers only if individually requested and cumulatively the containers, packaging, ingredients and/or products are reusable, recyclable, biodegradable or compostable.
This measure also applies to all types of accommodation facilities that are marketed as tourist or vacation homes, provided they are made available to customers at the entrance. However, the aforementioned obligations do not all have to be fulfilled when the law comes into force.
Rather, they have different deadlines. For example, the obligation in Article 102.1(a) to replace heating systems that run on fuel oil or gas must be met by May 1, 2026.
The obligation to implement water-saving measures provided for in Article 102.1.b) has a different implementation deadline depending on the hotel category. For example, accommodation establishments with a minimum category of four stars or four keys must implement this measure by May 1, 2023. All other accommodation establishments, apartments, restaurants and entertainment venues that are subject to the regulation have one year longer, until May 1, 2024.
However, the obligation regarding the non-use of disposable toiletries regulated in Article 102.1.c) is different from the previous measures. This measure applies from the date of entry into force of the law, so it must already be implemented. However, this does not mean that articles which have already been purchased and which do not comply with the legal requirements may no longer be used. This is because an exception applies to those products that were already purchased before the law came into force. Here, however, appropriate proof must be provided.
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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