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.