TOURISM, SUSTAINABILITY AND CIRCULARITY IN LAW 3/2022 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. Article 88, modified by Law 3/2022, of 15 June, for when the imposed temporary suspension ends, makes the efficacy of the responsible declaration of the start of tourist activity conditional on providing at least the same number of bed places that are going to be commercialised, and apply according to its availability, obtained from the bed places’ stocks regulated by management 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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