Ref. Ares(2020)5823368 - 23/10/2020
Requirement No. 1
On the basis of which assessment have you concluded that 60 days is the right threshold for
short-term rental of primary residence in order to meet the public interest objective sought?
How is the requirement of limiting the possibility of renting primary residences to natural
persons/owners justified by the objective of protection of environment (including urban
environment) and/or social and cultural policy objectives? How is this measure, which
constitutes a restriction of the economic freedom to rent, suitable to the objective sought?
Requirement No. 2
Can you please explain the rationale of the requirement that only primary residences that are
classified as single-family dwellings (with a separate entry) can be rented short-term (Article
8.1, read in conjunction with Article 4)?
Requirement No. 3
Can you explain the rationale and need for the requirement included in Article 17.3; in
particular, why do you need to cap the number of “empresa comercializadora” per dwelling to
one, in order to preserve and protect public security and public policy? How is that limitation
ensuring that these objectives are preserved and protected?
Other comments
Could you provide us with figures concerning tourism (flows, trends) in Formentera and the
impact on the island and its local community?
Can you explain why Draft Regulation No 1/2019 (Article 2.4) foresees a limitation of the
maximum duration of each short term rental stay to 30 (consecutive) days?
As we understand it, Article 21 of Draft Regulation No 1/2019 requires the “empresas
comercializadoras” to designate a local representative in Formentera (i.e., an address which
has to be different than the one of the dwelling offered for rent); can you explain the
rationale, objective and justification of this requirement?
What is the justification and proportionality for the requirements included in Articles 6 and 7?
Which requirements are foreseen in the Plan de Calidad described in Articles 10 and 11 of the
Draft Regulation?
Can you clarify which requirements / documentation are needed in order to initiate short-
term rental activity?
