The Local Government Board of Ibiza Town Hall approved on Monday two sanctioning proceedings for the illegal tourist use of housing, amounting to a total of 740,239.51 euros. These sums correspond to the value of the affected properties —453,416.77 euros in one case and 286,822.74 euros in the other. On these amounts, the sanctioning criteria established by current urban planning regulations are applied, after confirming a change of use from residential to tourist without the necessary authorisation. This constitutes a serious infringement under Law 12/2017, of 29 December, on Urban Planning in the Balearic Islands, according to a statement from the Town Hall.
During one of the inspections carried out in 2024 by the Local Police, officers found that the first property sanctioned was being used for tourist purposes in breach of planning regulations. In accordance with Article 167.4 of Law 12/2017 —which sets penalties of 50% to 100% of the property’s value when the change of use is not permitted— the corresponding sanction has been imposed, the Town Hall said.
The second case concerns another dwelling where unauthorised tourist use was also verified, leading to a further sanction for change of use. In this instance, the penalty was applied in accordance with Articles 163 and 167 of Law 12/2017 and the sanctioning procedure regulation approved by Decree 1/2024, which set out the criteria for grading offences and determining responsibility in urban planning matters.
The mayor of Ibiza, Rafael Triguero, underlined the importance of acting firmly against such practices. “Flats without a tourist licence cannot be rented to people coming to Ibiza on holiday because they represent unfair competition for the hotel sector and legal tourist accommodation. We will continue to apply pressure against those who break the rules”, said Triguero.
Room rentals
Coincidentally, last week a court overturned a fine imposed by the Consell on a woman who advertised rooms in her home on the Airbnb platform. Palma’s Contentious-Administrative Court No. 2 ruled that no infringement had been committed because it did not involve renting out the entire property.
For its part, the Consell stated that the ruling does not represent a setback in its fight against illegal rentals, stressing that it does not create jurisprudence and will have no future impact due to the latest amendment to the Tourism Law. The fine amounted to 20,000 euros and the events took place in 2021.