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Note too that art. 7.2 still refers to RD 973/2009, which RD 269/2022 has repealed.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.