On July 22, 2025, Spain enacted new regulations in the Official State Gazette (BOE) allowing anyone who owns a private boat to rent it out for three months a year, known as “Airbnb on the water.” However, Madrid did not take the Balearic Islands government into account. The latter quickly issued an emergency decree to prevent the Spanish government’s nationwide regulation on the release of private boat rentals via platforms such as Airbnb from August 2025.
On July 29, 2025, the Balearic government spoke out against a new Spanish rule that would allow private boat owners to rent out their boats commercially for up to three months per year with immediate effect – a model similar to Airbnb, but for boats. Instead, it prohibits private boat rentals in general, unless a professional charter license is held.
The legal norm, titled “BOE – Emergency Decree” target=“_blank” rel=”noopener”>emergency decree” is scheduled to come into force on August 15, 2025; from that date, only professional charter companies will be allowed to rent boats to tourists in Mallorca, Ibiza, and Menorca. Owners of private boats, on the other hand, will not be allowed to “temporarily commercialize” their use, as the authorities put it.
The decree (in German-speaking countries, this type of legal act is more commonly referred to as a “decree” or “edict”) issued by the Balearic government goes even further: private boat owners will not be allowed to use their existing berths for rental purposes, it states, and port operators will be obliged to keep accurate records of the use of their berths and, if necessary, prohibit commercial use.
The background to this was that in July 2025, the Spanish government published a legal provision allowing private boat owners to rent out recreational boats commercially for up to three months per year — under certain conditions (registration with a charter company, valid boat insurance, certain safety certificates).
The Balearic government’s emergency decree is aimed at the Spanish Airbnb for boats
The decree of the Balearic regional government, which has regional jurisdiction over port regulations, including concessions for berths and the enactment of port regulations, as well as tourism legislation and environmental protection rules with a focus on sustainable maritime use and possible port congestion, was directed against this.
The conflict between national liberalization and regional protection needs is so serious that the Balearic Islands may take the matter to the Constitutional Court in Madrid in order to defend their constitutional rights, according to reports.
So, from mid-August – at least in the Balearic Islands – private boats may no longer be rented out for tourist purposes – no arbitrage à la “short-term private, temporary commercial” will be allowed. Only professional charter operators – duly registered and certified and equipped with the appropriate facilities – will be allowed to engage in tourist activities.
One of the reasons for the emergency decree is to improve environmental and water protection around the Balearic Islands
The reason for this is the already excessive tourist and maritime pressure on the islands. Specifically, it states that the coastal waters of the Balearic Islands are saturated, the islands’ infrastructure is overloaded, and there are long waiting lists (>7,000) for boat owners. The Balearic Islands’ government fears that this situation will be exacerbated by the new Spanish regulation allowing Airbnb on the water.
The emergency decree cites improved environmental and water protection as direct objectives, e.g., a ban on anchoring over Posidonia meadows (see our news item on “Anchoring – environmentally friendly and safe! Free anchoring – but correctly!” href=“https://www.sea-help.eu/en/guide/free-anchoring-environmentally-friendly-and-safe/” target=”_blank” rel=”noopener”>Free anchoring – but correctly!” dated 12.08.2025), mandatory waste separation and information about maritime protection zones. Last but not least, nautical safety is also to be improved – privately rented boats were often operated without specialist knowledge in the past, leading to accidents and overcrowded coastal areas.
The Balearic Islands’ charter sector reacted “with delight” after the Council of Ministers passed the draft regulation on recreational boating on Friday, which prohibits the rental of private boats to tourists, according to a news report by Cadena SER.
The Spanish radio station also quotes Pedro Gil, president of the Balearic Islands Employers’ Association for Nautical Charter Boats (AECIB), who goes even further and demands that boat rentals should only be carried out by nautical professionals in order to ensure safety at sea.
Further voices are coming from the Association of Nautical Companies of the Balearic Islands, whose president, Jaume Vaquer, admits that the Balearic Sea is already “saturated” and that “increased commercial activity is unnecessary.”
