The Council Agrees to Simplify the Regulation to Sanction Illegal Tourist Rentals and Includes Advertising on Apps and Social Media

The Council of Santa Eulària des Riu has approved this morning a modification of its Subsidiary Regulations to simplify the opening of urban sanctioning proceedings for the use of non-authorized housing for tourist rentals. The regulation has also been updated to include jacuzzis and similar installations as part of the built surface area in new building authorizations, and to sign an agreement with the Consell Insular d’Eivissa, granting it the authority to assist the Council with property seizures anywhere on the island—something that has been hindered until now by existing regulations. The 15B modification of the Subsidiary Regulations (NNSS) has also been approved, aiming to improve the area surrounding Puig de Missa and the beginning of Sant Jaume Street. This amendment will allow the municipality to gain around 100 parking spaces.
The specific point number 22 of the Subsidiary Regulations (NNSS) is responsible for simplifying the procedure followed by the Council to fine homeowners who rent out their properties for holiday purposes in areas where it is not permitted. Up until now, municipal regulations approved in 2017 stated that holiday rental was deemed to exist "when, in exchange for financial compensation, two or more times within a one-year period, the homes are provided to third parties for immediate use for periods of less than 31 days.” This required proving tourist use on two separate occasions and demonstrating that the rental periods were not within the legally established timeframe. Additionally, it did not explicitly prohibit advertising or marketing through apps or social media.

The new wording states that "this use shall be understood as a holiday rental when, in exchange for financial compensation, the homes are provided to third parties for any period, for tourist purposes," meaning that a tourist rental can be fined after a single occurrence, regardless of the contract duration. It also includes sanctions for rentals that "are advertised, contracted, and/or marketed," not only through travel agencies, reservation centers, or other companies but also through "websites or apps advertising accommodations" and social media. It's worth noting that this summer, six cases have been opened, with fines exceeding one million euros.

This 22nd modification of the regulations also enhances the pool regulations to prevent misuse and better manage water resources. The recent changes to municipal regulations require that pools count as part of the plot’s occupied surface area (in addition to limiting their surface area and volume, as well as the number of pools per plot, and establishing the obligation to have a separate water meter, among other points). With this new wording, not only will pools count as occupied land, but other water surface features such as jacuzzis, large

bathtubs, and similar installations will also be considered. The proposal passed with the vote in favor of the Grup Municipal Popular and the abstention of all other parties.

Another approved point is the signing of an agreement with the Consell Insular d’Eivissa, allowing the institution to execute property seizures anywhere on the island on behalf of the Council. This is a pioneering proposal in the Balearic Islands that will prevent administrative difficulties imposed by the law, which currently hinder councils from executing garnishment orders outside their jurisdiction. This process could otherwise take several years, potentially causing sanctions to expire, particularly when the sanctioned individual or company holds assets in other municipalities on the island. This collaboration, through a management assignment that does not involve transferring or delegating its tax collection powers, could increase revenues by approximately one million euros per year, according to initial estimates. The proposal was supported by Grup Municipal Popular and Unides Podem, while the PSOE abstained, and Vox voted against.
Another point approved during the session was the final approval of the Phase B, Point 15 modification, defining an action unit in the urban area, UA-12SE. The purpose of this modification is to obtain a new public open space where a public underground parking facility with around 100 spaces will be built. It will be located in Joan Tur Tur Street area, where the Council currently leases a plot of land already used as a parking lot. In this way, parking capacity in the area will be maintained if construction occurs on this urban land. In return, the population will increase by 57 people, although Point 15A reduces the population by 77, resulting in a positive final balance. During the public consultation period, no objections were filed against the text.

Unanimously approved was the list of commendations and public acknowledgments for local police officers who have performed acts of special merit, have distinguished career paths, or have completed over 20 years of service. A total of 22 recognitions were awarded: 2 commendations for longevity, 5 for specific interventions, and the rest were public recognitions. Among the awarded actions were successful CPRs, firefighting interventions, drug confiscations, investigations leading to the arrest of individuals linked to a "Rolex Gang," preventing a suicide attempt, and the interception and handover to the National Police of two individuals who had fired a shot in the city of Eivissa.

In another point of the day, the proposal from PSOE, calling for updating the animal species census by the regional government and for drafting a protocol, procedures, and minimum requirements to implement feline population management programs, was approved with Vox as the only dissenting vote. However, PSOE’s proposal to reiterate the already twice-rejected request for an extraordinary plenary session on Can Rova was not approved. The government team argued that there is already a commission that has met twice, and that there are sufficient tools in place, defending the actions of the municipal social services.

At PSOE's request, an urgent point was included to request that the Consell purchase some plots of land in Cala Llonga, where archaeological remains are present, and declare the elements as cultural heritage sites. This motion passed with the support of Grup Municipal Popular and Unides Podem, while Vox voted against.
Voting results:

1. Noted.
2. Noted.
3. Noted.
4.  Approved (PP, in favor; PSOE, Unides Podem, and Vox abstained).
5. Approved (PP, PSOE, and Unides Podem in favor; Vox abstained).
6. Approved (PP, in favor; PSOE, Unides Podem, and Vox abstained).
7. Denied (PP in favor; PSOE, Unides Podem, and Vox abstained).
8.  Denied (PP and PSOE in favor; Unides Podem and Vox abstained).
9.  Approved (PP in favor; PSOE, Unides Podem, and Vox against).
10.  Approved (PP and Unides Podem in favor; PSOE abstained; Vox against).
11.  Unanimously approved.
12.  Unanimously approved.
13.  Noted.
14.  Approved (PP in favor; PSOE, Unides Podem, and Vox against).
15.  Approved (PSOE, PP, and Unides Podem in favor; Vox against).
16. Denied (PSOE, Unides Podem, and Vox in favor; PP against).
17.  Denied (PSOE and UP in favor; Vox abstained; PP against).
18.  Denied (PSOE and UP in favor; PP and Vox against).
19.  Denied (PSOE and UP in favor; PP and Vox against). 19B.- Approved (PSOE, PP, and UP in favor; Vox against).