ES-GUIDE-L3.2

Temporary change of use: private yachts on charter

ES-GUIDE-M3 · Charter Law and Clearance · ES-GUIDE-M3-A The charter contract, the temporary change of use and despacho under the RONM.

Since 2025 a **lista 7ª** yacht may charter for up to **three consecutive months a year**, under strict conditions. The Balearics refuse to allow it.

Framework

Governing: RONM (RD 186/2023) art. 9 as amended by RD 1188/2025; DGMM Resolución 17 Jul 2025; Decreto 44/2025 (Illes Balears) art. 3.3. Builds on: L2.3, L3.1.

What changed

Before 2025 a private yacht either moved to lista 6ª or did not charter. The RONM created a middle path: a temporary change from private to commercial use. A DGMM Resolution of 17 July 2025 set interim conditions, and RD 1188/2025 wrote them into RONM art. 9 from 31 December 2025.

The conditions (RONM art. 9)

Condition Rule
Eligible boats Lista 7ª, certificates in force; never PWC
Duration Up to three consecutive months per calendar year
Authorisation Express despacho authorisation, applied for on the ministry's e-office
Surveys The lista 6ª survey regime for the period; the surveyor's reports travel with the registration certificate
Insurance Compulsory liability plus accident insurance for death or injury of everyone aboard
Management A charter company (or one able to take on the obligations, with charter as its business) applies, manages the despacho and runs the boat under a ship-management contract
Activity Only arrendamiento náutico during the period
Who may serve aboard Not the owner, and not anyone related to them, except professionally titled crew permanently enrolled

Where no charter company manages the boat, the charterer hires the skipper and any crew.

CAUTION — The "CT" mark and the five-year limit The ministry's charter page still says the boat must show the letters "CT" before its registration mark on both bows. The 2025 Resolution also limited the registry annotation to five years. Neither rule appears in the new text of RONM art. 9. Whether they still apply after 31 December 2025 is unconfirmed; ask the Capitanía.

The Balearic exception

The Govern de les Illes Balears took a different view. Decreto 44/2025 (BOIB 102, 2 Aug 2025) art. 3.3 requires Spanish charter boats in the Balearics to be on lista 6ª and says charter "will not be permitted" for boats with an authorised temporary change of use.

  • The TSJIB refused to suspend the ban in January 2026 [press report].
  • The Ministry of Transport and the CNMC (29 Jan 2026) are among those challenging the decree.
  • Until a court decides, the Balearic ban applies to any charter embarking or disembarking guests at a Balearic port or point.

WARNING — State permission is not Balearic permission A valid state change-of-use authorisation does not make a charter lawful in the Balearics. Regional inspectors enforce Decreto 44/2025 under the Balearic sanctions law (Ley 2/2015). See Balearic Charter Compliance.

What it means for crew

  • If you are permanently enrolled professional crew, you may stay aboard during the commercial period. The owner's family and friends may not.
  • A crewed change-of-use charter still needs a professional skipper (PPER or merchant title within its limits).
  • Check the authorisation dates before every trip. Day 1 of month 4 is private use again.

The operator's side of this is covered in depth in Spanish-Flag Charter Compliance.

Practice questions

5 questions

recall · core

What is the maximum period of a temporary change of use in a calendar year? (a) Three consecutive months (b) Ninety days in total, not necessarily consecutive (c) Six months (d) One month

recall · core

Which craft can never obtain a temporary change of use? (a) Buques de recreo (b) Motos náuticas (PWC) (c) Boats under 12 m (d) Sailing yachts

recall · core

What survey regime applies during the change-of-use period? (a) The lista 6ª regime (b) Only an annual check by the owner (c) None beyond lista 7ª (d) Merchant-ship class surveys

recall · core

Where in Spain does a regional decree forbid charter by boats with a temporary change of use? (a) Cataluña (b) Illes Balears (c) Comunitat Valenciana (d) Andalucía

scenario · core

An owner's 16 m lista 7ª yacht is based in Palma. He wants to charter it in July under the state change-of-use rule, with his son as deckhand. What is your advice? (a) Fine, if a charter company manages it (b) Not in the Balearics: Decreto 44/2025 bars change-of-use boats; and even elsewhere, a related person may not serve aboard unless permanently enrolled professional crew (c) Fine if the son is unpaid (d) Fine for up to 90 days

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.