Identify the exact tourism authorisation
Ask the seller for the licence documentation and check it in the tourism register of the Consell de Mallorca: the holder, the address, the registration number, the number of places and the category. The advertised capacity often exceeds the licensed one. The national registration number for short-term rentals, required since July 2025 to advertise on platforms, must also be checked.
Zoning and property type
| Property | Position |
|---|---|
| Apartment in Palma | Holiday letting prohibited |
| Apartment elsewhere in Mallorca | No new licences since Decree-law 4/2025; existing ones to verify |
| Single-family house | Possible where zoning allows and places are available |
| Rural finca | Depends on zoning, legality of buildings and places |
Does the permission survive the sale?
Licences are generally linked to the property and can be transferred to a new operator by notification, but conditions apply: the dwelling must remain legal, the capacity must match, and some licences carry obligations that must be maintained. The contract should make the successful transfer a condition, or at least provide a remedy if it fails.
Community, planning and sanctions
- Community statutes may prohibit tourist rental in a building.
- Unlicensed bedrooms or annexes cannot be added to the licensed capacity.
- Pending sanctions or inspections should be disclosed and resolved.
- The sustainable tourism tax must be collected from guests.
A worked example
A buyer considers a country house near Pollença advertised as sleeping ten guests with a tourist licence. The register shows a licence for eight places. Two bedrooms in a converted outbuilding were never licensed. The buyer negotiates a lower price reflecting the real capacity, makes the transfer of the eight-place licence a condition of completion, and decides later whether to apply to legalise the outbuilding. The rental projections are rebuilt on eight places, not ten.
Selling later
A valid licence is an asset when you sell, but only if its paperwork is in order. Keep records of registrations, inspections, tax filings and the tourism tax, so that a future buyer's lawyer can verify everything quickly.
Buy the business case, not the headline
Model income on the licensed capacity, realistic occupancy and the tax position: non-resident owners pay tax on rental income in Spain, and residents outside the EU/EEA are generally taxed on gross income. Read rental income tax for non-resident landlords. If the licence is essential, do not complete without it verified.
We advise investors throughout Mallorca: see investment and rental. For other legal matters in English, see Castell.law.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Frequently asked questions
Can I get a new tourist licence for an apartment in Mallorca?
No. New tourist places in apartment buildings are prohibited across the Balearics since 2025, and Palma prohibits holiday letting in apartments.
Does the tourist licence transfer when I buy the house?
Usually it can be transferred by notification if the conditions are met. Make it a condition of the purchase.
What are the fines for illegal holiday rental?
They can be very high. Platforms must also remove listings without a valid registration.
Can I add bedrooms to the licensed capacity?
Only if the additional rooms are legal and the change is authorised.