Short-term rental lawyer in the Balearic Islands
Case-by-case analysis of tourist stays in dwellings (ETV), tourist places and sanction proceedings in Mallorca, Menorca, Ibiza and Formentera, where each Consell Insular (Island Council) is the competent authority.
Analyze my case without obligationTourist stays in dwellings (ETV) in the Balearic Islands
In the Balearic Islands the tourist-use dwelling is known as an Estancia Turística en Vivienda (ETV) and is regulated by Law 8/2012 on tourism, amended by Law 6/2017, Law 3/2022 and Decree-Law 4/2025. It is one of the most restrictive regimes in Spain: besides meeting the technical requirements, the dwelling needs tourist places, a limited resource whose acquisition has been frozen by a moratorium since 11 February 2022.
Management lies not with the regional Govern but with the Consells Insulars of Mallorca, Menorca, Ibiza and Formentera, each with its own register and marketing rules. There are three types (ETV for detached houses, ETVPL for multi-dwelling buildings and ETV60 for the owner’s main home for a maximum of 60 days a year). In all of them the dwelling must be marketed as a whole, never by rooms, and each owner may market a maximum of three properties.
Places and authorisation
Verification of the origin of the tourist places, the registration with the Consell Insular and the type (ETV, ETVPL or ETV60) of the dwelling.
View information →Cease orders
Defense against cease requirements and the daily coercive fines that may be imposed if marketing continues.
View information →Sanction proceedings
Analysis of proceedings for marketing without authorisation or without a registration number, with liability that may fall on both the owner and the operator.
View information →Appeals
Administrative appeal (alzada or reposición) before the competent Consell Insular and, where appropriate, judicial defense.
View information →Fines and daily coercive fines
The sanction regime of Law 8/2012 provides fines of up to €5,000 for minor infringements, €5,001 to €50,000 for serious ones and €50,001 to €500,000 for very serious ones, in addition to cessation of the activity. Marketing a dwelling without the activity-start declaration (DRIAT) is a serious infringement, and liability extends to both the owner of the property and the operator, for each dwelling advertised.
The reform also introduces daily coercive fines of €500 to €5,000 once a cease order has been notified if marketing is not stopped, and platforms that advertise illegal supply or fail to show the registration number may be sanctioned directly with fines of up to €400,000. Deadlines are strict, so it is advisable to act from the moment the notice is received.
How we work on your case
1. Review the documentation
We analyse notices, case files, registrations, listings and the evidence available.
2. Identify the legal issue
We determine which rules apply and which points may matter for the defense.
3. Define the course of action
We assess submissions, appeals or court action depending on the specific case.
4. Follow-up
We accompany the procedure and any subsequent steps through to its resolution.
Frequently asked questions
It is the Estancia Turística en Vivienda under Law 8/2012. Its distinctive feature is that, besides technical requirements, the dwelling must have tourist places assigned to the island, and management belongs to the Consell Insular rather than the Govern.
The moratorium that has suspended the acquisition of new tourist places since February 2022 limits new registrations, unless you already own places or obtain them through the island pool or by exchange. Before paying for a “licence management” service, the exact origin of the places should be verified.
ETV for detached houses (all year), ETVPL for multi-dwelling buildings (restricted to semi-detached and terraced types, with no new licences in multi-dwelling buildings after Decree-Law 4/2025 except for exceptions) and ETV60 for the owner’s main home for a maximum of 60 days a year.
It is a serious infringement, with fines of €5,001 to €50,000, or very serious in the gravest cases (€50,001 to €500,000), plus cessation. After a cease order, coercive fines of €500 to €5,000 per day may be added.
Law 6/2017 extended liability to both the owner of the property and the operator of the activity, for each dwelling advertised. Platforms may also be sanctioned.
Yes, through an administrative appeal (alzada or reposición) before the competent Consell Insular and, afterwards, in the contentious-administrative courts. Deadlines are strict and a delay can close off the defense.