ES-GUIDE-L2.2

Yachts over 24 m: buques de recreo and who may command them

ES-GUIDE-M2 · Commanding Spanish-Flag Yachts · ES-GUIDE-M2-A The PPER, the rules for yachts over 24 m, and what lists 6ª and 7ª mean for use.

Above 24 m a Spanish yacht becomes a **buque de recreo** under RD 804/2014, with professional crew required whatever its use.

Framework

Governing: RD 804/2014 arts. 3–9; RD 875/2014 art. 4.2; LNM art. 161. Builds on: L1.1.

What counts as a buque de recreo

RD 804/2014 art. 3 defines a buque de recreo as any craft with hull length over 24 m, under 3,000 GT, able to carry up to 12 passengers (not counting crew), used for recreation, tourism, leisure, sport or non-professional fishing, whether by the owner or by others under charter. At 3,000 GT and above it is treated as a merchant ship (art. 4.a). The RD applies to Spanish-flag yachts; foreign-flag yachts follow their own flag.

Who crews it

Rule RD 804/2014
Crew must be professional, private or commercial use art. 7.1
Commercial use: master holds a merchant deck title (Capitán, Piloto de 1ª or 2ª, Patrón de Altura, Patrón de Litoral, Patrón Mayor de Cabotaje or Patrón de Cabotaje) "according to" the ship art. 7.2
Private use: "may be under the command of a Capitán de Yate" art. 7.3
Radio watch by GOC (A2–A4) or ROC (A1 only); continuous VHF Ch 16 watch at sea art. 8
Minimum crew fixed by the DGMM art. 9

An owner on board counts as a passenger unless they hold a professional title that lets them govern the ship (art. 13.3).

WARNING — Two Royal Decrees, one question RD 804/2014 art. 7.3 (BOE 18 Oct 2014) says a private buque de recreo may be commanded by a Capitán de Yate. RD 875/2014 art. 4.2 (BOE 11 Oct 2014) says recreational titles never allow governing a buque de recreo. Both are in force. The specific rule in RD 804 is probably what the Capitanías apply, but this is not confirmed. Before accepting such a command, get the Capitanía's answer in writing.

Note too that art. 7.2 still refers to RD 973/2009, which RD 269/2022 has repealed. The titles it names survive, but the mapping of their limits to RD 269 is for the DGMM.

Minimum crew in practice

LNM art. 161 requires a minimum safe manning certificate for every Spanish ship. For buques de recreo the DGMM issued Instrucción de Servicio 2/2021 (20 Apr 2021) with model crews for lista 6ª and 7ª yachts over 24 m, scaled by voyage length. We could not read the original tables, so treat any figure you hear second-hand with care. What is certain: the owner and master are responsible for complying with the manning resolution (RONM art. 21.2), and sailing short-handed is a serious offence (RONM art. 51).

Surveys, briefly

Buques de recreo follow a merchant-style survey cycle (RD 804 arts. 25–30): a renewal survey at most every 5 years, annual surveys within 3 months of the anniversary, an intermediate in the second or third year, and two out-of-water hull inspections per five-year period, no more than 36 months apart.

What this means for crew

  • A Capitán de Yate or PPER is not enough to command a Spanish commercial yacht over 24 m.
  • A foreign master's CoC needs refrendo (L4.1), and the master and chief mate must be EU/EEA nationals (LNM art. 162).
  • Most large yachts in Spanish waters fly another flag. For them, see the flag's own rules, for example Manning Rules on Red Ensign Yachts.

Practice questions

5 questions

recall · core

At what gross tonnage does a large yacht stop being a buque de recreo under RD 804/2014 and count as a merchant ship? (a) 3,000 GT (b) 500 GT (c) 5,000 GT (d) 1,600 GT

recall · core

Under RD 804/2014 art. 7.1, when must the crew of a buque de recreo be professional? (a) Whatever the use, private or commercial (b) Only above 45 m (c) Only on international voyages (d) Only in commercial use

recall · core

Who keeps the radio watch on a buque de recreo trading in sea area A2? (a) Any crew member with an SRC (b) The owner (c) An ROC holder (d) A GOC holder

recall · core

Which body sets the minimum crew for a Spanish buque de recreo? (a) The owner, by declaration (b) The regional government (c) The DGMM (d) The flag's classification society

scenario · core

An owner of a 30 m Spanish-flag yacht in private use wants his friend, a Capitán de Yate, as master. What do you tell him? (a) It is clearly lawful (b) RD 804 art. 7.3 appears to allow it, but RD 875 art. 4.2 says recreational titles never govern buques de recreo; get the Capitanía's view in writing first (c) It is clearly unlawful (d) Only if the yacht is on lista 6ª

Independent study. xplor is not affiliated with the Dirección General de la Marina Mercante, any Spanish regional government or the Govern de les Illes Balears, and awards no title, certificate or endorsement. This guide explains the rules; titles, refrendos and authorisations are granted only by the DGMM, the Capitanías Marítimas or the competent region. AI-drafted content pending subject-matter-expert review.