If you run a yacht charter company in Ibiza, or you own a boat that you rent out, these rules have affected you directly since August 2025. Here is what changes and what you must do to operate legally.
Quick summary
- Decree 44/2025 of 1 August (published in the Balearic Official Gazette) regulates the rental of recreational boats and vessels in the Balearic Islands and replaces Decree 21/2017.
- Part-chartering and selling individual tickets per boat are not allowed.
- Spanish-flagged charter boats must be registered on List 6 of the Register of Vessels.
- A private boat can no longer be switched temporarily to commercial use in order to charter.
- A specific set of documents and a badge (the numeral flag for the current year) must be carried on board.
- Sustainable boats (renewable energy or traditional wooden vessels) receive a 75% discount on the charter fee.
- From 1 October 2026, Royal Decree 1188/2025 also requires a boating licence to rent small boats that were previously exempt.
What is Decree 44/2025 and when does it apply?
Decree 44/2025 of 1 August, published in the Balearic Official Gazette, regulates the rental of recreational boats and vessels in the Balearic Islands and came into force on 2 August 2025. It replaced Decree 21/2017, which had governed this activity for the previous seven years. It applies to any charter activity involving embarkation or disembarkation at a port or point in the Balearic Islands, regardless of where the charter agreement is signed.
The most important changes under Decree 44/2025
No part-chartering or individual ticket sales
The rules expressly prohibit renting a boat by individual places or through individual tickets. The charter agreement must cover the whole boat, not a share of its capacity.
Mandatory registration on List 6 of the Register of Vessels
Every Spanish-flagged boat or vessel used for rental must be registered on List 6 of the Register of Vessels and Shipping Companies, the list reserved for commercially operated vessels.
End of temporary switching from private to commercial use
The decree removes the option for a boat with an authorised temporary switch from private to commercial use to be used for charter. If you intend to operate charters, the boat must be registered as a charter vessel permanently, not through a temporary authorisation.
Documents required on board
While operating, you must carry the following on board, on paper or electronically with a secure verification code:
- Registered declaration of compliance
- Proof of payment of the applicable fee
- Proof of the mooring berth, or of authorisation to embark and disembark at Balearic ports, for each charter
- Boat insurance and passenger insurance
- Valid vessel clearance, where applicable
- Charter agreement, which must include the registration number of the declaration of compliance
- Passenger and crew register (name, national ID or passport number, nationality and home address)
The mandatory badge (numeral flag for the year)
The boat must display, in a visible place, a numeral flag from the International Code of Signals matching the last digit of the year of the declaration of compliance. This badge lets the Maritime Authority see at a glance whether the boat is operating under the current year’s declaration.
Tax discount for sustainable boats
Boats powered by renewable energy and traditional wooden boats, certified as such by the competent authority, are entitled to a 75% discount on the charter authorisation fee, regardless of their length.
What happens if you do not comply
Failure to meet these obligations can be an offence under Law 2/2015 on the penalty regime for maritime, nautical and underwater activities in the Balearic Islands, which classifies offences as minor, serious or very serious. Operating without the relevant declaration of compliance, or without proof of an authorised mooring, is expressly listed as an offence. Before you receive a penalty, or if you already have, check that the administrative procedure was handled correctly. Not every penalty imposed is final or well founded, and there is often room to appeal if the inspection or the penalty file contains defects of form or substance.
Boating licence exemption ends on 1 October 2026
Alongside this Balearic regulation, a national change directly affects the charter sector: Royal Decree 1188/2025 of 26 December removes, from 1 October 2026, the exemption that allowed motorboats of up to 5 metres in length and 15 hp to be rented without a boating licence. The exemption remains only for private use, not for boats that are rented out. If your charter company operates these small boats without a skipper, review your charter agreements so they expressly require the hirer to prove they hold the right licence, and state the consequences if they cannot.
What charter companies in Ibiza should do now
- Check that every boat is properly registered on List 6, not operating under a temporary change of use.
- Update your charter agreements to include the registration number of the declaration of compliance and a clause requiring a boating licence.
- Confirm that this year’s numeral flag is displayed visibly on each boat.
- Make sure the insurance, clearance and passenger register documents are always available on board, on paper or in digital format with a secure verification code.
- Check whether your boat qualifies for the 75% fee discount as a sustainable or traditional wooden vessel.
Maritime Law Firm in Ibiza, specialists in yachting and recreational boating
At Forte Abogados we are maritime law specialists. We help charter companies and boat owners adapt their agreements and operations to rules such as Decree 44/2025, and we represent them if they already face a penalty procedure. If you have questions about how this change affects you, contact us for an honest assessment of your situation, with no obligation.
