It is the first question every owner asks: am I even allowed to let my apartment without a licence? The answer does not hang on the length of the stay alone, but on what the property is let for. Here is how the distinction works, as of 2026.
What an ETV licence actually is
ETV stands for Estancia Turística en Vivienda — the tourist letting of a residential property. In the Balearics it sits in tourism law, not in tenancy law. Anyone letting to tourists needs a registration plus what is known as a place from the island administration's quota.
That quota is the catch. New places have been largely frozen since 2022. In practice, anyone who wants an ETV today buys it together with a property — or does not get one. For many owners the tourist route is effectively closed, regardless of whether the apartment would qualify.
What the classification depends on
The most common assumption is: under 30 days it is tourist letting, above that it is not. It is not that simple. Several things count together:
- The tenant's purpose. Is someone living here temporarily because they work, study, are renovating or receiving treatment — or are they on holiday?
- The marketing. Is the property offered as accommodation for holidaymakers, with nights, check-in and tourist services?
- The contract. Is there a seasonal tenancy agreement with a fixed end and a documented reason, or is it lodging?
- The services. Cleaning during the stay, linen changes, a reception desk and the like point to tourist use.
An apartment let by the month to someone living here temporarily falls into a different category from one let by the week to holidaymakers. That is not a workaround; it is a different use.
Seasonal letting as its own route
The seasonal let — arrendamiento de temporada — sits in tenancy law, in Article 3.2 of the LAU. It is temporary living by the month, with a genuine temporary reason recorded in the contract. Tourism law targets tourist accommodation; a seasonal let is something else.
What it is not: a label you stick on a holiday let. If holidaymakers in fact move in for a fortnight, the heading on the contract changes nothing. What counts is the actual circumstances.
What can go wrong
Letting to tourists without registration carries substantial fines in the Balearics — it is one of the most heavily sanctioned areas there is. And enforcement starts with the listing: portals, neighbourhood reports and inspections all look at how a property is advertised.
So honesty upfront pays. If your aim is holiday guests, there is no way around the ETV. If your aim is people who will live here for a few months, the seasonal let is the right frame — and for that you need no tourist quota.
The honest closing line
The distinction is a judgement on the individual case, not a formula. Location, municipality, community rules and the specific marketing can all shift the picture, and Balearic rules are tightened regularly.
Owners use MUVAWAY to publish seasonal rental listings for one to ten months, without tourist services. Owner and tenant record the genuine temporary purpose in their agreement. The suitability of the property and its intended use should be checked professionally where needed.
How to check whether your property has an ETV
The nota simple from the land registry says nothing about it — that is the most common misunderstanding when buying. The tourist licence is not recorded in the land registry but in the island council's register.
An existing ETV has a number beginning with ETV/ followed by a string of digits. That number has to appear in every tourist listing. If someone offers you a flat as "licensable" or "with licence potential", that is not a number — it is a hope.
Important when buying: the ETV attaches to the property, not to the person. It transfers with a sale, provided it is properly assigned. The flip side is that a flat without an ETV will as a rule not get one today, as long as the quota stays frozen.
What the owners' association can do
Even with a valid licence the matter is not settled. Spanish commonhold law lets an owners' association restrict or entirely prohibit tourist letting by a three-fifths majority. Many associations in Mallorca have used that power.
It does not apply to seasonal rentals — the rule targets tourist use specifically. Even so, read the community statutes before letting: some contain general use restrictions that can affect longer lets too.
Three misunderstandings that get expensive
"Under 30 days it is tourist letting, over 30 it is not." Duration is an indicator, not a criterion. A two-month let to holidaymakers with linen changes and a reception desk is still tourist accommodation. A three-week stay by a tradesman on assignment is not.
"I let privately, so this does not apply to me." The tourism act asks about the activity, not about your business registration. Anyone letting a flat repeatedly to holidaymakers is running a tourist rental — private individual or not.
"I declare the income, so everything is registered." Tax declaration and tourist registration are two separate things. Neither substitutes for the other, in either direction.
What you need for a seasonal rental instead
Instead of a tourist licence, a seasonal rental needs documents showing the flat is habitable and yours: a current land registry extract or purchase deed, your ID, the certificate of habitability (cédula de habitabilidad) and the energy performance certificate.
To list a property, you upload the required documents yourself. If needed, ask a qualified adviser which documents apply to your property. Platform fees are shown on the fees page.
What the contract then looks like is covered in the seasonal contract explained; why the reason for the stay matters so much is under the temporary purpose.
General information, not legal advice — for your specific property, what counts is a case-by-case review.