In March 2023, Royal Decree 186/2023 introduced significant changes for chartering yachts in Spain, which I already advance in my in LinkedIn and Legalley’ Blog on March 24, 2023. This was promoted by the Spanish Yachting Association (ANEN), of which I am tax and legal advisor.
The purpose was clear: substantially simplify the bureaucracy and the system to encourage owners to charter in Spain, as the existing ‘charter license’ procedure discouraged owners.
INTRODUCTION OF A SIMPLIFIED AUTHORISATION SYSTEM:
The main change was the simplified ‘charter license’ system consisting of the yacht’s Captain filing an ‘Affidavit of Responsibility’ (AFFIDAVIT) assuring that they are in possession of all the documents indicated by the law to charter in Spain. Impossible to be simpler.
Just after the presentation of the AFFIDDAVIT before the Harbour Master Office (HMO), the yacht is authorized to charter. Thus, the responsibility for complying all the requirements is transferred to owners, for which I suggest prior checking with an expert LAWYER. In any case, an infinitely better system than the previous one, which forced to wait many weeks until obtaining the long-awaited license.
This new system replaces the old procedure to expressly obtain a ‘charter license’ issued by the HMO. In other words, the previous administrative control disappears!
WHEN IS NECESSARY TO USE THE PREVIOUS CUMBERSOME PROCEDURE TO OBTAIN A ‘CHARTER LICENSE?:
Only when a yacht applies for the first time for authorization to charter in Spain, it must process the authorization with the old system. This ensures that the yacht’s data is recorded with the authorities, thereby facilitating the subsequent use of the AFFIDAVIT.
WHY IS NOW IMPLEMENTED IF I ANNOUNCED ON MARCH 24, 2023?:
The AFFIDAVIT system was initially scheduled to take effect on July 1, 2024. Royal Decree 587/2024 amended this schedule and established a new deadline on August 15, 2025, and it wasn’t possible either as software of the authorities systems required adaptation.
This season 2026 is a year of transition in which the ‘charter license’ must be requested based on the cumbersome old system (although speedier) and a ‘charter license’ for a period of 3 months is being granted, to ensure that the yacht’s data is recorded with the authorities. A day before the expiration of such ‘charter license’, the AFFIDAVIT can be filed and continue to charter.
All the yachts having gone through the process this year, will only need to file an AFFIDAVIT for the next months and summer seasons 2027 onwards.
Many ‘operators’ have historically generated the bulk of their income through the former old ‘charter license’ procedure. Going forward, they will need to develop alternative added value propositions for yacht owners given that the new AFFIDAVIT is extremely straightforward.