ISSN 2184-8793 ISSNe 2975-9056 In the case of Mallorca, Ibiza, and Formentera, not only the acquisition of tourist bed places to the managing organism or tourist administration is suspended, but also the exchange of bed places between individuals, either to begin activity or to expand, in the cases of tourist accommodation establishments as well as dwellings for tourist commercialization. This suspension will last until the assessment or reassessment of the load capacity of each island is done, which will determine the total number of bed places that can be commercialised, and in a period of no longer than four years since the law becomes effective. This will be done through an exceptional modification of the PIAT or PTI. It is important to highlight the closing clause of section three of the first additional provision: if in the established period the assessment of the bed places has not been carried out, they will be considered extinguished. The rule understands that, in any way, this will suppose a reduction of the number of tourist bed places that are currently inscribed, and of those integrated to the stocks when this law becomes effective. This reduction will be equitable amongst tourist accommodation bed places and bed places of tourist stays in dwellings17. The law stipulates a series of exceptions to the suspension. In general, they are hypothetical cases that are being processed either for urbanistic licenses, constructions in process, solicitudes of bed places already being processed or set up in buildings that are Bienes de Interés Cultural or Bienes catalogados, placed in common urban or rural areas. In this last case, it is the second transitory provision that establishes limits to the suspension. This rule sets up the limits for the exception of article 4 h) of the first additional provision: in no case can we go over 200 bed places for Mallorca, 100 for Ibiza, and 50 in Formentera, with a maximum of 30 bed places per accommodation, as long as each Insular Council don’t agree to reduce this amount in the period of three months since this law becomes effective. City halls can also determine to not apply the exception of the already mentioned section 4 h), if the plenary session agrees, in three months since the law becomes effective. Unlike the maximum limit of the suspension, these agreements are of application since they are published in the BOIB until the assessment or reassessment takes place and with a maximum of four years, this time, since the publication of Decree Law 3/2022, of 11 February, not since the law. The complexity in the calculation of bed places is evident. Exceptionally, the exchange of bed places amongst individuals is allowed in the case of change of use, as laid down in article 78 of the Law on Tourism in the Balearic Islands, in accordance with the redaction of the new law. According to this precept18: “Tourist bed places of the establishment can only be exchanged between individuals. This exchange is only possible to move the spots to hotel establishments of four or five stars. If the establishments or accommodations are registered, it is a condition to carry out the exchange surrogating the totality of the staff by an acquiring natural or juridical person”. If the change of use intended is to residential with the parameters that states article 78, the resulting dwellings won’t be able to be commercialised as tourist stays in dwellings. 50% of the resulting dwellings will be destined to subsidized housing, either for trade or renting. 17 According to article 49 of Law 8/2019, of 19 July, on Tourism in the Balearic Islands, companies that commercialise tourist stays in dwellings are: “natural or juridical people that commercialise the entirety of a residential dwelling for tourism, short-term, in conditions for immediate use, and with a lucrative aim. This commercialisation may alternate with the actual housing use that characterises them”. 18 Article titled: “New residential use in parcels of tourist use and reconversion and change of use of tourist accommodation establishments” (Nuevo uso residencial en parcelas de uso turístico y reconversión y cambio de uso de establecimientos de alojamiento turístico).
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