Who may take the helm
Governing: Decreto 44/2025 (BOIB 102) arts. 4 and 13.2; RD 269/2022 art. 93; RD 804/2014 art. 7; RD 875/2014 DA 3ª. Builds on: Working on Yachts in Spain: Titles, Flags & Charter Law.
Two kinds of charter, two kinds of check
The Balearic charter decree recognises two modes (art. 4):
| Mode | Who helms | What the law requires |
|---|---|---|
| Sin dotación (bareboat) | The charterer | The charterer must prove a sufficient nautical title. If they cannot, the lessor must not sign the contract (art. 4.2). |
| Con dotación (crewed) | The skipper provided by the lessor | The skipper must hold the title required by current law, "mainly" RD 269/2022, the professional titles decree (art. 4.3). |
Art. 13.2 repeats that whoever helms and crews the vessel must hold a title entitling them to the activity, and art. 13.4 requires every charter contract to state that this is so.
Crewed charter: the professional ticket
This course assumes you are the professional skipper. In outline (detail in Working on Yachts in Spain and PPER Knowledge Test Prep):
- PPER (Patrón Profesional de Embarcaciones de Recreo, RD 269/2022 art. 93): Spanish-flag recreational craft on Lista 6ª or 7ª, up to 24 m, up to 12 passengers plus crew. Category 1: up to 60 nm from the coast; Category 2: cabotaje and up to 150 nm.
- Buques de recreo over 24 m in commercial use must be commanded by a merchant-navy deck officer within the attributions of the title (RD 804/2014 art. 7.2). All crew on these yachts must be professionals, private or commercial (art. 7.1).
- Recreational titles (PER, Patrón de Yate, Capitán de Yate) are not commercial tickets, apart from the narrow habilitaciones anejas (see Working on Yachts in Spain).
Foreign-flag yachts (EU/EEA, or non-EU over 14 m by exception) are manned under their flag's rules, but the Balearic contract still has to certify that the crew is suitably qualified (art. 13.4). How Balearic inspectors assess a foreign CoC on a foreign-flag yacht was not documented in the sources reviewed.
Bareboat: checking the charterer's title
Under RD 875/2014 additional provision 3, a Spanish recreational craft may be hired to anyone holding a recreational title or certificate in force, issued by their country of nationality or residence, provided that country is in the EEA or listed in Annex IX of the decree, within the attributions of that title. A valid STCW professional CoC from a signatory state also qualifies, within its limits.
In practice:
- See the original document, not a photo.
- Check it covers the boat's length, power and the intended sea area.
- Record the details in the contract.
- If in doubt, do not sign. Art. 4.2 puts the duty on the lessor.
WARNING — 1 October 2026 From that date the no-title exception for motor boats up to 5 m and 15 CV applies only to private use (RD 1188/2025, final provision 2.2). Anyone hiring even a small licence-free boat now needs a title. How this applies to guests driving a yacht's tender is covered in L2.2, and it is not settled.
TIP — Keep the skipper's papers with the ship's Inspectors check the person at the helm against the contract's statement under art. 13.4. Keep your title, medical and ID in the same folder as the charter documents.